Personal injury is really an umbrella term for the area of law which requires compensation for injury to someone’s person, property or reputation. The injury can be physical, or emotional or psychological. Personal injury is a concept based in tort law, which has a long history stemming from ancient days.
Personal injury law is not just about physical injuries incurred in traffic accidents, although that may be the first thing that comes to mind. Any time an injury has occurred as the result of the negligence (or intentional acts) of another, if that person owed a duty of reasonable care to the injured party, then they may be liable for compensation for those injuries. Our tort system basically requires proof of two things – liability and damages. If you can prove these two elements, compensation should be paid to the injured party.
There are several ways personal injuries can occur. One way is from someone’s negligence, meaning that a reasonable duty of care was owed to the injured person, and that duty was breached, resulting in harm. Personal injuries can arise from such things as unsafe premises, as in slip and fall accidents, or from medical malpractice, or from defective drugs or products, or traffic accidents. Another other way injuries can occur is from the intentional acts of another, such as assaults of some type, or verbal disparagement of character or business. The third is based on a strict liability theory – no one intended harm, no negligence occurred, yet there was an injury.
Under this “umbrella” dwell many different types of personal injury cases. The list is quite long, but here are SOME types of personal injuries for which compensation could be obtained:
Slip & Fall
Nursing Home Neglect/Abuse
Cruise Ship Injuries
Keep in mind there are subsets of these categories as well, so if you have been injured, and think you might have a case, you should talk to an experienced, dedicated personal injury lawyer.
It is common to hear people say that they cannot afford a lawyer. Fortunately, our legal system provides a method in which one who has been injured can obtain legal representation. This type of arrangement is known as a contingency fee, and is based on the premise that you will pay for the legal fees and costs of litigation out of any recovery. Not having the resources to retain an attorney should NOT be a bar to pursuing your claim! This is why many law firms offer free initial consultations. The lawyers will speak with you, analyze your case and determine whether your circumstances should result in recovery.
At BRILL & RINALDI, The Law Firm we always offer a free consultation. We will examine the details of your case and help you determine how best to move forward. You need experienced, dedicated attorneys on your side, helping you obtain the justice you deserve.