What types of harm falls under the heading of ‘personal
injury’? Legally it is an injury – either physical
OR psychological (in which case the victim may either be disfigured, have
witnessed a traumatic event or suffered a life-threatening and/or life-altering
experience) – sustained to your person that could be caused as a result of
an automobile or truck collision, common carrier – including but not limited to
railroads, airlines, etc., – an accident at a construction or other public site
(mall, office building, etc.) or workplace accident. In addition it could be
injuries sustained from a defective product.
Lawyers for the plaintiff in a personal injury law suit must
demonstrate evidence of liability on behalf of the defendant as well as show
negligence. Negligence is then defined as a failure to use reasonable care – or
acting in a manner that a reasonably ‘prudent’ person would not (or vice
versa). In other words – to be able to demonstrate that if it were not for the
negligence the damage would not have occurred.
Personal injuries occur regularly – unfortunately because
the natural tendency of people to be less than cautious in their behavior – as
well as unwilling to take the time to ‘see two moves in front of them’.
Cavalier behavior can be very costly, not just in dollar amounts but also in
the way it affects others – the innocent and unsuspecting.
The most valuable insight I can offer on the subject of personal injury cases is that the overwhelming majority of plaintiffs would
prefer to have never suffered the personal injury to begin with – rather than
seek compensation after the fact because of another persons neglect.