A personal injury is a type of harm that an individual suffers as a result of someone else?s wrongful act or omission (failure to act when they should have). The types of injuries suffered vary depending on the circumstances and can include, among others, broken bones, lost sight, severed limbs, and death. Also, the wrongful injury causing event could be something caused without fault or intentionally. An example of an unintentional harm is when somebody accidentally rear ends the car in front of them because they simply were not paying attention. This is commonly referred to as negligence. Negligence, in a nutshell, means that a person either did something or did not do something, which resulted in someone else getting hurt. The actual legal requirements are a little more complex, but this simplified explanation will work for now.
Regarding personal injuries caused by the intentional or reckless acts of others, intentional acts include rape, assault, battery, and other types of physical and emotional abuse. Examples of reckless conduct that can cause harm to innocent people are drunk driving, discharging a firearm in public or detonating explosives in public places.
Whether we are talking about personal injuries caused by negligent, intentional or reckless acts, the law generally provides that victims of such conduct who suffer harm are entitled to compensation. And in some instances, victims are also eligible to receive punitive or exemplary damages to ensure that the person or business that caused the harm in the first place does not repeat its bad conduct. More about punitive damages in a minute. For now, let us talk about injury compensation.
What can the law do for you if you have suffered personal injuries caused by someone else? In a perfect world, the need to bring a lawsuit to receive compensation for your injuries would not be necessary because the person who caused the harm would apologize and then endeavor to pay for the damage they caused. The current Court system requires, and actually prefers, that those responsible for harming someone else accept responsibility and pay to the victim reasonable compensation. Reasonable compensation includes such things as lost wages, lost future wages if the hurt person can no longer do their job, the payment of past and future medical bills, and the costs of future and ongoing care if the person can no longer care for themselves. There are additional items that constitute reasonable compensation but the list can be infinite because each person and each harm is unique.
Regarding punitive damages, the imposition of punitive damages is designed to prevent more people from getting hurt. The prevention aspect of punitive damages is to create a ?sting? to the defendant. A proper ?sting? is only effective if the defendant feels it financially. Stated differently, generally, punitive damages are determined on an ability to pay basis. So do not be surprised when you hear or read about a jury that made a big punitive damage finding because it likely means that someone got hurt real bad or died, the defendant did something really bad, and the defendant has the financial wherewithal to pay the damages.
As a public service announcement, be leery of the argument and those promoting it that customers pay when there are big punitive damages awards. This is not really accurate because safe business practices actually save money in the short and long terms. And do not forget, we live in a civilized society and quick profits should never trump personal safety and well-being. Pass it on.
Why personal injury or victim compensation lawsuits? A lawsuit is necessary because sometimes those responsible for causing harm do not take responsibility for the harm. The Court case is designed to address issues of fairness. If the bad person caused the harm, the jury is empowered by law to tell that bad person to fix it. The concept is simple and injury victims should not be frowned upon because they were forced to file a lawsuit in the first place. After all, they did not ask to get hurt.
One more thing, if you have been hurt be someone else, or you know of someone who has been hurt by someone else, make sure medical attention is the first thing on everyone?s mind. Take care of the injuries first. Worry about lawyers and lawsuits as a last resort and trust that the person or business that caused the harm will fix it. If not, then call a lawyer. To ensure that you receive what the law provides for your situation and injuries, be sure to seek the assistance of a lawyer.
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Source: http://legalcafe.com/?p=254
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