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Personal Injury Attorneys - Accident
Lawyers
“Personal injury” is the general title given to civil wrongs
(torts) that cause bodily injury or harm. A tort assigns responsibility to an
individual, group or corporation (defendant) for causing injury to another
person (plaintiff). The primary goals of personal injury law are to provide
relief (damages) to the plaintiff and to deter the defendant from inflicting
further harm to others.
More than 31 million people are injured in accidents every year, according to
the National Center for Injury Protection and Control. As many as 90,000 die as
a result of these injuries. A personal injury accident can leave you with
medical bills, lost wages, damages to your person or vehicle, and a feeling of
hopelessness. Victims suffer physical pain and mental trauma that may be
permanent and life-changing. Physical personal injury can include disfigurement,
loss of limb, permanent or disfiguring scars, disability, and loss of one of the
five senses. Mental harm might include emotional trauma, mental anguish,
embarrassment, loss of love and affection, or loss of enjoyment. Whether your
injuries were caused by an accident, malicious intent, or a defect in a
product’s design, production or labeling, you have the right to seek
compensation for economic and non-economic damages.
A personal injury victim (plaintiff) can file one of several
types of wrongful injury suits (torts) against the accused (defendant)
including:
• Negligence – an individual or company’s act or failure to act caused injury.
Even if the act was unintentional, the defendant is still liable for damages.
• Intentional misconduct – a person maliciously or intentionally inflicted harm
or caused death. This type of claim is litigated under criminal law.
• Strict liability – a manufacturer whose product failed to meet certain safety
standards. If your injury was caused by a product’s defect or inadequate
labeling, you can sue any or all parties in the manufacturing chain.
According to the law, personal injury victims are entitled to compensation for
the plaintiff’s breach of duty or violation of some right. If the jury finds the
defendant guilty of negligence or wrongful conduct, then you will be entitled to
receive plaintiff damages.
Damages can be economic (for lost wages or medical expenses), non-economic (for
pain and suffering), and punitive (to punish reckless behavior). Punitive
damages are usually awarded only if the defendant’s actions were so heinous that
the judge believes it necessary to make an example of the defendant. If your
injury was caused by a defect in a product’s design, production or labeling, any
or all parties involved in the manufacturing chain can be held liable for
damages.
While some personal injury suits may be based on intentional acts such as
assault and battery, most claims are due to negligence. To win your case, the
four critical components of negligence must be established. These critical
elements are:
1. The defendant had a duty to you;
2. The defendant failed in that duty (breach of duty);
3. That you were harmed because of the defendant’s breach of duty; and
4. That damages resulted from the harm.
Each of these types of claims has its’ own merits, diverse rules, restrictions
and damage award guidelines. Only an experienced lawyer who knows Missouri’s
complex personal injury laws, the court system, and individual rights can
effectively prove your physical and/or mental injury under state laws.
In many instances, you can recover any medical expenses as a result of your
injury, such as doctor and hospital bills, medications, therapy, home health
care and all other related medical expenses, as well as any future medical
expenses you reasonably expect to incur. You can also recover for the physical
pain and suffering you have sustained, your out-of-pocket expenses, your mental
and emotional anguish, your lost wages, benefits and other compensation, any
loss of your future earning capacity, and the future diminishment of your
enjoyment of life.
For more information, please contact
Consultwebs.com,
Inc.
Additional Resources:
http://www.new-york-legal.com,
http://www.new-york-legal.com,
http://www.birthinjuryadvice.com, and
www.traffic-law.com.
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