Personal Injury Law

How Does Personal Injury Law Work?

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How Does Personal Injury Law Work?

Also known as tort law, personal injury law protects you or your property when harmed or injured due to someone else's actions or failure to act. The law requires the party or individual responsible for the injury to compensate the victim of the injury. Compensation usually comes in different forms, mostly monetary. 

Personal Injury Compensation Explained

When seeking compensation for personal injury, the law considers two main factors: liability and damages. These two fundamental issues have been explained below. 

What Is Liability in Personal Injury?

In personal injury law, liability means the state of being responsible for something, in this case, the personal injury. 

Here's an example:

If Driver A drives carelessly and hits Driver B from behind, Driver A is considered liable for the accident and injuries caused to Driver B, if any. In these cases, Driver B can sue Driver A for the damages caused by the injury. This legal action taken by Driver B is usually considered a personal injury lawsuit.

To win a personal injury claim, the victim must prove that the defendant is liable for the injury. Using the example above, Driver B will have to prove beyond reasonable doubt that the accident could have been avoided had it not been for Driver A's recklessness.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Personal Injury Law FAQs

  • What Are Damages in Personal Injury Law?

    In personal injury, the term "damages" has two different meanings depending on the context in which it is used. For example, when discussing the injuries suffered during or after the accident, you may use the word "damages." But, on the other hand, this word also describes the financial compensation the victim is entitled to following the injury. 

  • How to Prove Liability in a Personal Injury Claim

    To establish liability in a personal injury claim, the victim must prove that the defendant has a duty of care for the victim. And that's not all; they must also prove that the duty of care was abandoned, causing the injury. 

    In this context, the term "duty of care" means the legal responsibility to act with a certain level of caution, preventing harm or injury to another party. So, for example, if you're a driver, it is your duty to drive carefully, observing all applicable traffic laws to prevent injury to another party. 

    Suppose you drive while drunk and hit another car, injuring or killing its occupants. In that case, you will have abandoned your duty of care, resulting in the accident. 

    In a personal injury lawsuit, the defendant must also have breached their duty of care, leading to the victim's injuries. For example, drunk driving demonstrates that you've abandoned your duty of care for other drivers on the road. Therefore, you may be held liable in case of an accident involving you and other passengers or pedestrians.

  • How to Establish Damages in Personal Injury Law

    In personal injury law, damages come in different forms, some physical and others not. Personal injury attorneys usually consider the following factors when establishing damages after an injury:

    The Nature of the Event That Caused the Damage

    Personal injury cases vary from one incident to another. Attorneys usually evaluate the nature of the event to determine where to place that particular personal injury case.

    Some of the most common types of personal injuries include: 

    Car Accidents 

    According to statistics, more than 38,000 people die every year due to car accidents. Most of the time, such accidents are usually caused by another person's negligence. It's therefore not surprising that car accident lawsuits are among the most common in the country. If you've been involved in a car accident caused by another person's negligence and suffered injuries in the process, speaking to a Morgan & Morgan car accident attorney will help you get the compensation you are entitled to. 

    Slip and Falls

    Like other personal injury cases, slip and falls occur in different environments. For example, grocery store injuries involving slip and falls are pretty common in the US. For this reason, Morgan & Morgan has a team of qualified premises liability and slip and fall attorneys to fight for your rights in and out of court. 

    Medical Malpractice

    Medical malpractice is a serious case of personal injury that usually comes with severe, life-changing consequences. Whether it's an overdose or something as serious as wrongful death, we have the right medical malpractice attorneys to fight for you and your loved ones. 

    Workplace Injuries

    Workplace injuries vary from one situation to another. They may include slip and falls, mesothelioma, construction accidents, and anything along those lines. Speaking to a workplace injury attorney is the first step to receiving the compensation you deserve regardless of the specific case. 

    Product Liability

    Product manufacturers have the legal responsibility to create products or services that won't harm consumers. However, if you've been harmed by a product while using it as intended by the manufacturer, you need to speak to a product liability lawyer from Morgan & Morgan.

    Understanding the nature of the event also helps determine the right course of action to take when filing a personal injury claim. For example, at Morgan & Morgan, we have over 800 personal injury attorneys, each specializing in a specific type of injury. So whether you're looking for a wrongful death attorney or someone who specializes in medical malpractice, you can always find them at Morgan & Morgan.

    Working with a specialized attorney also means you'll have access to specialized services. 

    Here's another hypothetical example: 

    When you need a specialist to repair your roof, you don't opt for a general contractor. Instead, you'll look for a roofing contractor. The same applies to personal injury; rather than working with a general personal injury attorney, it's best to work with a specialized one. 

    Additionally, personal injury cases are never the same. They vary from one state to another, which is why Morgan & Morgan has an army of attorneys scattered all over the United States. Our mission is to ensure you receive legal representation from a qualified and specialized attorney wherever you are.

    The Severity of the Injuries Suffered

    The extent of injuries determines the amount of damages a personal injury victim is entitled to. In most cases, the more the injuries, the higher the amount of compensation, and vice versa. 

    For instance, injuries that require hospitalization or surgery usually attract a higher settlement than those that do not. But it is also important to note that surgery and hospitalization do not necessarily guarantee a higher settlement. In fact, in some cases, surgery may actually reduce the value of settlement the personal injury victim is entitled to.

    One of the best ways to establish the true value of your claim is by speaking to an experienced personal injury attorney. This is why at Morgan & Morgan, we provide a free case evaluation for potential clients, helping them understand whether the defendant is liable for the injury and how much they are entitled to as a result.

    Without an attorney, it is quite easy to settle for less than what you deserve. When insurance companies realize that you do not have legal representation and that their client is at fault for the injury, they might contact you quickly to speed up the compensation process. The logic behind the expedited compensation is to convince you to settle for way less than what you deserve.

    The insurance companies understand that when you have a reliable and reputable personal injury law firm like Morgan & Morgan representing you, chances are they might have to pay up to 20 times more than the initial settlement offer. And once you sign the settlement release form, it legally proves that you accepted the settlement, bringing the entire case to a close. So even if you find out months or days later than you were duped into accepting a lowball offer, you cannot reopen the claim. 

    Other Losses Deriving From the Injury

    So many factors come into play when calculating the losses resulting from an injury. While most personal injury victims understand basic losses such as property damage, medical expenses, or probably lost wages, many other factors may qualify as eligible losses. 

    Here's an example:

    Mark is driving home from work and stops at a red light. On the other hand, high on illegal substances, Tim drives in the same direction as Mark. Tim fails to stop at the red light and hits Mark's vehicle from behind. The vehicle spins and rolls into a ditch, and Mark suffers serious injuries requiring multiple surgeries. 

    After surgery, Mark has up to seven months to recover. Worse still, Mark's doctor informs him that he will no longer be able to walk without a wheelchair after being partially paralyzed from the injury. Mark's girlfriend realizes the injury will significantly change their relationship. As a result, she breaks up with him months later, leaving him devastated. He will now need a caregiver to take care of him for the rest of his life. 

    Using the example above, Mark is eligible for compensation beyond his injuries, the damage to his car, and lost wages for all the hours missed at work. 

    This is where a Morgan & Morgan attorney comes in to evaluate each type of injury suffered and its value. For example, Mark may sue for the emotional damages suffered due to the injury and the loss of his social life. In addition, if he develops a permanent scar from the injury, he can also sue for permanent disfigurement. 

    The bottom line is, the list of possibilities when it comes to calculating eligible damages is endless. Additionally, the list varies from one case to another. 

    Without an attorney, you may suffer huge financial losses, especially years down the line when you cannot afford to live a decent life due to the injury. And the last thing you should expect from an insurance company is breaking down these damages for you, ensuring you receive compensation for each one of them. For instance, insurance companies will not tell you that you may need to hire a caregiver after the injury, but an attorney would (and also ensure you get compensation for the costs involved). 

  • How Morgan & Morgan Can Help

    Personal injury law falls under different categories, and if you're a victim, it's always advisable to work with a specialist, not just a general attorney. That's where Morgan & Morgan comes in to provide a list of options to choose from. 

    We know how painful it is to deal with an injury caused by someone else's negligence and how difficult it can be to prove liability. Besides, insurance companies are not the most reasonable to deal with, especially where money is involved. However, that's not something to worry about when you have Morgan & Morgan attorneys handling your case. 

    We don't stop until you receive full compensation for your damages. Whether it's in or out of court, you can rest assured that Morgan & Morgan's personal injury attorneys will fight for you and won't settle for anything less than what you deserve. 

    So call us today at 877 515 6977 or contact us online for a free case evaluation.

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“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014

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