Personal Injury
Personal injury is a legal term that defines cases in which a person is harmed by another person or entity. Personal injury cases can be based on claims of negligence or an intentional act. Most often, a personal injury lawsuit involves some level of injury to the plaintiff. Injury can be physical, financial, emotional, mental, or psychological. Usually, the defendant in a personal injury lawsuit is accused of carelessness, disregarding the safety of others, or failing to meet their duty of care. By pursuing a personal injury claim, injury victims aim to hold the person or entity who harmed them accountable for their actions and recover compensation for the resulting damages.
If you were injured as a result of another person’s negligence, you may be entitled to compensation. Please contact me for a free consultation.
A personal injury claim may be viable in any instance of harm caused by another person’s negligence or intentional act. There are a variety of situations that could become a personal injury case. The following is a list of some, but not all, personal injury case types within Amber’s area of practice:
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Physical Assault
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Wrongful Death
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Motor Vehicle Accidents
A personal injury claim may be viable in any instance of harm caused by another person’s negligence or intentional act. There are a variety of situations that could become a personal injury case. The following is a list of some, but not all, personal injury case types within Amber’s area of practice:
-
Physical Assault
-
Wrongful Death
-
Motor Vehicle Accidents
It is possible for the same case to be the subject of a criminal lawsuit and a civil personal injury lawsuit. In some instances, for example a drunk driving car accident where a victim gets injured, the driver’s conduct is considered criminal and the state may initiate criminal charges. The same conduct may also be subject to a civil remedy in a lawsuit against the driver or the driver’s insurance. In this situation, two separate legal proceedings may be initiated - a criminal case and a civil case.
A criminal case is a lawsuit filed by the government (a prosecutor) against a criminal offender. If the the state prevails in a criminal lawsuit, the offender is often convicted and sentenced to probation (community supervision) or custody (jail or prison).
A civil lawsuit is a lawsuit filed by a person (plaintiff) against another person or entity (defendant). If the plaintiff prevails in a civil lawsuit, the defendant is often ordered to provide the plaintiff with monetary compensation (money).
A successful personal injury claim may result in a settlement or a verdict after trial. The goal of most civil cases is to recover compensation to cover the damages that resulted from the injury. Whether the compensation is allotted through a lump sum or periodic payments, the intention is to refund victims for their current and future expenses.
Personal injury plaintiffs may be entitled to coverage for medical bills, damaged or lost property, lost wages, and transportation costs.
In some cases, victims of personal injury may also be entitled to compensation for non-financial damages, for example coverage for pain and suffering and punitive damages. The impact of pain and suffering is difficult to quantify. In cases involving pain and suffering, attorneys, judges, or juries must find a number they believe is just.
In many cases, there is no dollar amount that will ever make a victim whole. Similarly, there is no time in custody that will ever make a crime victim feel fully satisfied. The court system is available to provide some remedy, but those of us involved know that in many situations, the remedies offered by the court system are imperfect since the process is unable to heal a victim’s emotional or physical trauma. While imperfect, the court system can provide some relief and through that relief, it can assist in the healing process.