What Does Personal Injury Really Mean?

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In most cases a personal injury claim involves negligent conduct on the part of one party that causes injury to another party. Cases are called personal injury cases because they involve physical or emotional damage to one's person.

Most personal injury cases are brought under a theory of negligence. Negligence is a legal doctrine that requires that one party owe a legal duty to another party, a breach of that duty by some conduct and that said conduct causes another party to suffer a personal injury.

Legal duty is the type of duty, for example, that a driver owes to other motorists on the road to behave in a manner that is reasonable. If a driver breaches that duty and causes an accident with injuries, that driver can be held responsible for the personal injuries other drivers may have experienced as a result of his or her misconduct.

Personal injury cases are often called third-party liability claims because they involve injury to a person other that the person that caused the accident (the first party). Personal injury cases include medical malpractice claims against doctors, legal malpractice claims against lawyers, railroad crashes, trucking accidents, airplane crashes, defective product cases, car crashes, slip and fall injuries, construction negligence, battery, defamation and a host of other accident claims involving injury.

Personal injury cases differ from workers compensation claims in that workers compensation is a no fault based system to protect workers from on the job accidents that cause injury. You can have both workers compensation and personal injury claims that arise out of the same accident. Sometimes our clients come to us with serious work-related injuries and do not recognize the fact that they have a claim for a personal injury. We have vast experience in identifying avenues of recovery that the average lawyer might overlook. We pride ourselves on our reputation as creative lawyers and we promise to consider every potential theory of liability that may exist in your case.


 
 
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