Personal injury cases fall under the area of law known as tort law, legally defined as “a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.” Personal injury cases are defined as a victim suffering bodily injuries as a result of another’s wrongful action or inaction. Bodily injury can include any physical pain, disability or illness that compromises physical well-being. “Serious bodily injury” is any physical harm which increases the risk of death or that causes disfigurement, impairment or loss of a body part or organ.

There are several types of personal injury cases, which include but are not limited to, “slip and fall” or premise injuries, car accidents, nursing home abuses, defective product or product liability, medical malpractice, exposure to toxins, job injuries, drug injuries, dog bites, libel, slander, and wrongful death. These fall under three broad categories of personal injury cases or torts. Intentional torts involve injury resulting from a party’s willful and purposeful actions. Strict liability torts involve injury resulting from a company’s defective product. The most common, negligence tort is where the defending party is accused of inflicting injury by failing to prevent it.

There are two components to any personal injury case, damages and liability. Damages refer to the extent of the injury or loss. This includes physical, mental and emotional pain and suffering, mental or physical disability, loss of wages or profits, and all other expenses resulting from the injury. Punitive damages, or legal punishment for extremely malicious or willful action, may also be awarded in addition to compensation for losses. Liability involves proving that the defendant is responsible for the plaintiff’s injuries. Compensation is intended to restore what a person has lost and it requires three things to be proven: first, that the defendant had a legal responsibility to act (or refrain from a particular action); second, that the defendant failed to act in this manner; and last, that the plaintiff’’s injuries were a result of this breach of conduct.

When making a personal injury claim, there are statutes of limitation set to define the time between when an injury occurs and when the claim can be filed. These statues vary from state to state and may be different depending on the type of injury involved. Most personal injury cases are settled out of court by negotiating with the defendant’s insurance company. If a negotiation cannot be reached in this manner, a formal complaint must be filed in civil court, most often in the State’s circuit court in the county in which the injury occurred.

The Law Firm of Puckett & Faraj, PC is licensed to practice law in Virginia, Illinois and Michigan. The firm can support personal injury suits only in these states. They are well versed in the requirements for filing and proving liability in personal injury cases. Puckett & Faraj, PC will review your case and provide an assessment of the legal negligence involved prior to recommending a lawsuit.