Personal injury law, also known as tort law, is a legal framework that provides individuals who allege to have been physically or psychologically injured due to the negligence of another person, company, government agency, or entity with civil lawsuits. The primary goal of personal injury law is to provide the injured party (the “plaintiff”) with compensation for their losses and deter others from committing similar offenses.

The concept of negligence is fundamental in personal injury cases. It arises when one party fails to act with reasonable care towards others. For instance, if a driver doesn’t stop at a red light and hits another car accident lawyer near me causing injuries to its occupants, they can be held liable for being negligent.

In order for negligence to be established in a personal injury case, four elements must be present: duty of care (the defendant had a legal responsibility), breach (the defendant failed to uphold that duty), causation (the defendant’s actions directly caused the plaintiff’s injuries), and damages (measurable harm was done).

Personal injury law covers various situations including but not limited to traffic accidents, slip and fall accidents, medical malpractice claims, defective product incidents and workplace injuries. It also encompasses intentional acts such as assault and battery where an individual intentionally causes harm.

Damages awarded in personal injury cases typically include medical expenses incurred by the plaintiff as a result of the accident; lost wages if the plaintiff was unable to work during recovery; future earning capacity if long-term effects of the incident prevent them from returning back at work; pain and suffering endured by the plaintiff due to physical trauma or mental anguish; loss of enjoyment in life if injuries restrict them from engaging in activities they used enjoy before.

One crucial aspect about personal injury laws is that they differ significantly from state-to-state. Therefore it’s important for plaintiffs seeking compensation for their injuries should consult with experienced attorneys who specialize in this area within their jurisdiction.

The statute of limitations which dictates how long you have after an injury to take legal action also varies by state. If you fail to file a lawsuit within this time frame, you may be forever barred from seeking compensation for your injuries.

Personal injury law can seem complex and overwhelming, especially when dealing with the aftermath of an accident or injury. However, understanding these basic principles can make the process more manageable. Always remember that every case is unique and having a knowledgeable personal injury lawyer on your side can make a significant difference in achieving a favorable outcome.

Brach Eichler Injury Lawyers
481 Highland Ave., Clifton, NJ 07011
973-577-5574