Personal injury is a legal field with the same goal as any other part of the law — to provide justice for wronged parties. The rules and regulations for personal injury are part of civil law rather than criminal law, although sometimes civil violations can be added to criminal cases.
As a basic definition, personal injury law provides fair compensation, usually monetary, to victims or the survivors of victims who have suffered harm, damage or death. Personal injury might refer to physical or emotional damage, or both.
The United States allows for the right to recover damages due to personal injury, based on a legal principle that states an innocent victim of someone else’s actions should not bear the “burden of loss.”
Compensation in a personal injury case
When personal injury or medical malpractice occurs, there are several factors that can be considered in seeking compensation. Some of the most common losses that are compensated under personal injury law include:
- Physical and/or emotional pain and suffering resulting from the injury
- Disfigurement or scarring
- Humiliation or embarrassment
- Medical expenses and lost wages, even if these expenses have been paid through insurance or other sources
- Loss or reduction of a marital relationship, or of the advice, services, or companionship of a family member
- Wrongful death of a family member
Other effects of personal injury cases
While personal injury law provides compensation for victims who are injured or harmed, these cases can also provide a benefit for society as a whole. Personal injury cases often result in individuals or businesses changing their practices and procedures in order to prevent injuries to other people in the future. This is especially common in cases where the defendant must pay punitive damages — financial compensation that is court ordered as punishment for bad behavior.
Many safety improvements to equipment, vehicles, household appliances and other consumer products have resulted from personal injury lawsuits. In addition, medical malpractice lawsuits have helped to bring about better, safer medical practices and technologies.
Do you have a personal injury case?
In general, personal injury law comes into play when a person or persons is injured or harmed through another person’s actions or through a failure to take action, which is known as negligence. Talking to a personal injury attorney can help you decide whether you should file a personal injury lawsuit.
The experienced Miami trial lawyers at Baron & Herskowitz have successfully represented many clients in all types of personal injury lawsuits and have helped them receive the compensation they deserve. Contact us today to discuss the details of your case.