Common Law Areas of Personal Injury Lawsuits
Personal injury law is the area of the law that deals with damages to one’s person, reputation or feelings. Personal injury is also a legal term to include an injury to one’s mind, body or emotions, rather than an injury to real property. In Anglo-Saxon jurisdictions the word is most often used to describe a kind of tort suit in which the plaintiff bringing the suit gets to physically hurt his mind, body or emotions. The term can also mean the area of law that deals with slander or libel. This article briefly covers personal injury law.
One example of personal injury law is the defective product claim. A man who has bought a faulty pair of shoes finds himself having foot problems and requiring a large amount of money for medical bills. When he takes to the manufacturer for a replacement, he is dismayed to find that the new shoe does not have the defect that he was looking for, but instead has higher levels of lead in it. When this man brings the case to court, he can sue for compensation for the medical bills and for the cost of purchasing a new pair of shoes. This is just one example of how the personal injury law can function in the event of a defective product.
Another area of personal injury law is that of medical negligence. A person who is injured because of medical negligence can sue for damages. This means that the injured person can be compensated for any mental or physical anguish that he has gone through as a result of the accident. In some instances, people who have been severely injured in car accidents or slipped and fall accidents can also file suits against the companies involved. These suits seek compensation for the pain and suffering they have undergone, as well as for the medical bills that they have had to incur.
One area of personal injury law that deals with corporations is that of wrongful termination. This term refers to any company, corporate entity, or governmental agency that engages in wrongful firing, including instances where an employee is fired because of discrimination reasons. This includes cases of harassment, as well. In some cases, the employer might say that the discrimination did not take place because of an actual physical threat, but a disgruntled employee may bring a lawsuit anyway. If you are a victim of wrongful termination, it is important to consult with an experienced attorney to ensure that you do not have to waste too much time in getting justice.
One of the most common causes of injury law suits is that of a wrongful death. This happens when someone dies as a result of being injured in a car accident, being struck by a delivery truck, being hit by a cyclist, or falling from a balcony. In such cases, there are many qualified personal injury attorneys who can help you move forward with a lawsuit. While these cases are usually settled out of court, the injured party may still pursue litigation to determine whether the negligent party’s insurance policy should pay for funeral expenses, medical bills, or other losses. Personal injury attorneys can also help victims of drunk driving accidents make use of defective products to get a settlement from their insurers.
In many cases, victims of domestic violence can use the same legal avenues as people who have been involved in automobile and motorcycle accidents. These include filing a personal injury claim in the county court, county sheriffs’ offices, state courts, or even federal courts. The most common law available to victims of domestic violence include battery, assault, child abuse, child cruelty, child abduction, kidnapping, spousal abuse, sexual assault, domestic violence, assault and battery, intentional misconduct, voyeurism, false arrest and assault, etc. Other common law areas of personal injury law that can be used in these cases include negligence, invasion of privacy, and other tort laws.