Personal injury law is an area of law that is broad and complicated. Basically, personal injury is an encompassing term for any harm to the mind, body or emotions, rather than an actual physical injury to property. In many Anglo-American societies the word is also most frequently employed to describe a sort of tort lawsuit where the plaintiff bringing the suit actually suffers some injury to either his body or emotions. The term has become more vague in modern times, but its meaning still essentially remains the same. It is basically about people harming themselves or other people in various ways.
Generally speaking, personal injury law covers three types of cases. The first category is about negligence, which occurs whenever someone else’s conduct causes you to be injured. Negligence can involve driving a car that is defective, injuring yourself in a workplace, failing to use proper equipment around a home, or injuring someone else in a sporting event or other activity. In these situations, the person who is responsible for your injuries does not have the responsibility to tell you that your actions were wrong, or that it was something unpreventable. The person who is injured then has a case against the individual who caused you harm in this way.
The second category is about civil lawsuits, also known as criminal law suits. This is the most common type of case filed under personal injury law. In civil lawsuits, there are two parties. One party is the defendant, who is the person who has brought the suit against the plaintiff in order to seek compensation for the harm they have sustained. The other party is the plaintiff, who is the one who is being harmed by the defendant.
The third category is about negligence in a workplace. This is sometimes referred to as a white glove lawsuit, because the plaintiff can file a suit against another person or company for wrongful behavior in the workplace. This can include anything from sexual harassment to discrimination to having someone else perform a task more slowly than required, or even failing to appropriately wear safety equipment during an industrial service. An employer can be held liable for failing to properly maintain his or her premises.
The fourth category is all-or-nothing cases. In this category, there is no gray area. If you bring a suit against another person or entity, you are suing solely on the basis of your pain and suffering, and no other considerations. For instance, if you are working in a factory and are struck by a dangerous machine, you will probably have a case against the manufacturer, unless the factory maintains a policy of safe operations. Comparative negligence refers to situations where a manufacturer advertises the safety of their products but does not actually follow through with that safety; the state may hold the manufacturer liable for injuries caused by their products.
When filing a suit under personal injury law, you should keep in mind the other person’s perspective. No matter how reasonable you think the other person is, he or she might be acting unreasonably because they are being pressured to perform or pay for something that is dangerous. If you are able to prove that the other person was the victim of your negligence, you may be eligible for financial damages.