What Is a Personal Injury? 

Every year, an astonishing 214,000 lives are lost in the United States due to injuries and violence. In other words, every three minutes, someone loses their life—often to something preventable like a car accident, a fall, or a violent incident. It’s hard to believe, but these injuries claim more young American lives than cancer or other serious diseases.

But it’s not just about those who die. For each person whose life is tragically cut short, there are 129 more who end up in the emergency room. In fact, according to the Centers for Disease Control and Prevention (CDC), in 2015 nearly three million people had to be hospitalized because of injuries, and more than 27 million had to seek treatment in the emergency room.

The culprits are often everyday things we might not even think twice about. Traffic accidents, for example, contribute significantly to these numbers, as do incidents related to prescription overdoses. Slip and falls also result in a vast number of injuries and deaths. And then there’s the realm of sports injuries, which are particularly prevalent among teenagers and children. These can lead to concussions and result in more than 300,000 ER visits every year.

The bottom line is, accidents happen, and they can have severe consequences. From bodily injuries to medical expenses, from lost wages due to time away from work due to emotional distress—the impacts can be life-changing. It’s essential to take all necessary precautions and seek immediate medical and legal assistance when an injury occurs. 

A law firm specializing in personal injury law can help victims navigate the complexities of filing a personal injury claim to seek compensation. It’s always better to be safe than sorry—your health and wellbeing are worth it.

Legal Definition of Personal Injury

When someone is hurt and it’s partly or wholly another person’s fault, it’s known as a personal injury. This legal term encompasses harm to the body and mind.

Personal injury law doesn’t typically cover property damage, like a dented car from an auto accident. However, the costs to replace or repair such property can sometimes be included in personal injury cases.

Personal injuries can stem from a variety of incidents. This could be a motorcycle, car, or trucking accident. It could also be a result of medical malpractice or an error during treatment.

Workplace accidents are another common source of personal injuries, as are slip and falls. Lastly, a defective product, unsafe working conditions, or someone else’s property could also lead to personal injury. 

If you’re injured, don’t hesitate to seek help. A personal injury attorney can guide you through the complexities of your case and fight for the compensation you deserve.

Personal Injury Lawsuits

If you’ve been hurt, you might be able to lodge a personal injury claim to get back the money spent because of the injury.

A personal injury case boils down to two things: damages and liability. Damages are about the money you’ve had to shell out because of the injury. Liability is all about figuring out who is at fault for the harm caused. 

To come out on top in a personal injury lawsuit, the damaged person has to show that the party they’re suing is to blame for both the injury and its associated costs. It’s crucial to demonstrate that the damage was either caused intentionally, by negligence on the other party’s part, or the other party’s failure to uphold acceptable safety standards.

Types of Personal Injury Claims

Intentional Wrongs: These are situations where someone deliberately causes harm to another person. This could include assaults or even unlawful detainment. It’s not always physical; emotional distress counts too. If the harm is severe, the perpetrator may face a criminal case.

Negligence: This is the root of a large percentage of personal injury cases. It’s when someone doesn’t act responsibly and ends up hurting someone else. Think of a driver who’s not paying attention and causes a car accident, or a doctor who makes a mistake during surgery.

Strict Liability: This type of liability is all about holding manufacturers and product designers responsible for injuries caused by defective products. If a product has a faulty design or was improperly made, making it dangerously unsafe even when used correctly, the creators can be held accountable.

Statute of Limitations

If you’ve been injured, it’s important to remember that there’s a time limit to file a personal injury claim, known as a statute of limitations. How much time you have can vary based on where you live and the type of injury involved.

In some cases, you might only have a year from when the injury occurred to file your claim. However, in some states, this timeframe can extend up to six years after the damage. That’s why it’s critical to reach out to a personal injury lawyer as soon as possible after you are injured. It takes time to prepare and file all the necessary paperwork to kick-start a lawsuit. If you delay, you might miss your chance to file a lawsuit altogether.

Moreover, if you’re looking to file a personal injury lawsuit against a federal agency or state government, things get more complex. You have to follow a specific process, and you may need to go through an administrative procedure before filing. If you don’t follow these steps in time, you might lose your right to sue. So, don’t wait and seek legal assistance promptly to ensure your rights are protected.

Compensatory Damages

Compensatory damages is a legal term for the money awarded to the injury victim to offset any expense or harm caused by a personal injury. Most personal injury attorneys aim for this kind of award when their clients have been hurt.

These damages aim to cover the costs of the damage, along with any additional losses the person might have endured. Essentially, the aim of compensatory damages is to financially restore the injured person to where they were before the injury occurred.

Courts can also grant compensatory damages for injuries that are tricky to assign a monetary value to. These might include the pain and suffering of the injured person, mental distress, and the loss of camaraderie when it comes to a spouse.

In the event of a wrongful death claim, compensatory damages can also cover associated costs. This could encompass funeral costs, medical care expenses prior to death, and the loss of future earnings the deceased person would have provided to their family.

Compensatory damages can cover the following expenses:

• Medical bills and treatments: These are the costs incurred for immediate healthcare following an injury.
• Future medical care costs: These could include ongoing treatment or rehabilitation required due to the injury.
• Household expenses: These can include costs that you’ve had to bear around the home because of your injury, like hiring help.
• Lost income: This refers to the wages or earnings you’ve missed out on because your injury kept you from working.
• Property loss: If any of your belongings were damaged due to the incident causing the injury, these damages could cover the cost of repair or replacement.
• Legal fees: These are the costs associated with hiring a lawyer to represent you in your personal injury case.

Punitive Damages

Punitive damages are additional amounts awarded on top of compensatory damages, designed to penalize the individual, business, or organization responsible for the damage. These damages can be awarded for intentional harm like assaults, or in situations where a manufacturer was aware their product could be unsafe, yet failed to sufficiently protect consumers.

The aim of punitive damages is often to send a clear message. By awarding these damages, the courts hope to discourage the defendant and others from engaging in the same harmful behavior in the future.

Certain states mandate split-recovery damages, where a part of the awarded amount goes to the local government rather than the injured individual. Moreover, some states place caps on the amount of punitive damages that can be awarded. These caps are often set as a percentage of any damages the court has granted.

Punitive Damages Fact

Only about five percent of court verdicts result in the awarding of punitive damages.

Will I Win My Personal Injury Case? 

Consulting with a personal injury attorney is the best way to evaluate the strength of your personal injury case.

The potential verdict or settlement amount depends on many factors. This includes the financial assets of the person or organization you’re suing, the extent of your losses or injuries, and your ability to prove their liability.

Remember, you need to demonstrate not only the costliness of the injury, but also why the party you’re suing is responsible for the injuries. If you can’t establish this liability, or if the party you’re suing lacks the money, assets, insurance to cover the damage, you might not receive compensation.

A personal injury attorney can guide you through the most effective strategy for your unique situation.

Medical Errors and Malpractice Claims

Physicians and other healthcare professionals have a duty to deliver a certain standard of care. Failure to meet this standard could lead to medical malpractice, potentially causing serious injuries to people under their care.

A study conducted by the Institute for Healthcare Improvement in 2017 explored patient experiences related to medical errors. They discovered that 21 percent of Americans had been a victim of a medical error, and 31 percent had been involved in the care of someone affected by a medical error. The most common errors were misdiagnosis, delayed diagnosis, or undiagnosed health problems.

In the same year, a study published in the journal Studies in Health Technology and Informatics estimated that medical errors lead to as more than 250,000 deaths annually in the United States. The study, carried out by Purdue University researchers, also found that the rate of medical errors is significantly higher in the United States compared to other first-world countries. Alarmingly, they suggested that only 10 percent of medical mistakes are ever reported.

A 2016 study in the British Medical Journal positioned medical mistakes as the third highest cause of death in the United States. Based on research by Johns Hopkins, only cancer and heart disease claim more lives. One of the authors, Dr. Martin Makary, stated that the top-ranked causes of death reported by the CDC drive our country’s research funding and public health priorities. However, because medical errors aren’t featured on the list, they do not receive the funding and attention they rightfully deserve.

Vehicle Crashes and Defects

Auto accidents account for a significant portion of personal injuries in the United States. In 2018 alone, over 4.5 million people required medical attention due to vehicle crashes.

The majority of these accidents occur due to a driver’s negligence. Drivers are obligated to exercise reasonable care when operating a vehicle. They might be held accountable for injuries if they violated traffic laws, drove carelessly, or simply weren’t paying attention to the highway.

Vehicle safety issues, such as defective airbags, tires, or other components, can also cause injuries. While these incidents are less common than those related to driver fault, defective parts can lead to severe injuries or even death. In such cases, the vehicle maker or the defective part manufacturer may be held responsible for the injuries.

Volkswagen Emissions Controversy

Between 2009 and 2016, Volkswagen sold nearly 600,000 diesel vehicles with defeat devices; software specifically designed to bypass federal emissions tests.

As per the Environmental Protection Agency, this software was engineered to identify and successfully pass standard emissions testing. However, outside the controlled environment of a testing lab, these “clean diesel” vehicles were far from clean, emitting nearly 40 times more pollution than permitted under standard emissions. 

Following a guilty plea to criminal charges, two Volkswagen executives were jailed, and the automaker spent more than $25 billion to settle claims from dealers, owners, states, and regulators. The German car company has also proposed repurchasing the vehicles installed with this cheating mechanism.

Workplace Injuries 

Companies have a legal duty to ensure safe work environments. However, the CDC reported that nearly three million workplace injuries took place in 2016.

The majority of these work accidents involved overexertion, falls, or mishaps with equipment and motor vehicles, as per an analysis by Liberty Mutual Insurance.

If you’re injured while carrying out your standard work responsibilities, you might be eligible to file for workers’ compensation. It’s crucial to report any workplace injury soon after it happens.

If your job-related injury forces you to stop working for a significant amount of time, you may be able to claim disability benefits through your government or private insurance company. However, please be aware that contractors might not be eligible for workers’ compensation typically available to regular employees.

Industries and Fatal Workplace Injuries as of 2021

Work Sector	Number of Fatal Injuries
Construction	1050
Transportation	890
Agriculture	730
Manufacturing	680
Retail Trade	520
Health Care	500
Mining, Quarrying, and Oil and Gas Extraction	480
Wholesale Trade	380
Administrative and Support Services	350
Utilities	320

Slip and Fall Injuries

If you own a property, it’s your job to ensure it’s safe and hazard-free. This concept underpins the broad category of injuries known as “slip and falls,” which can occur if a property isn’t properly maintained. However, depending on specific state laws, owners may not always be liable for every accident that occurs on their premises.

Falls are especially risky for elderly individuals. The CDC estimates that about 20 percent of all falls result in serious injuries, like fractures or head trauma. Each year, almost three million senior citizens in the United States need emergency care due to fall-related injuries, leading to more than 800,000 hospitalizations.

The following factors can increase your chances of falling:

1. Foot discomfort or unsuitable shoes
2. Environmental hazards like uneven or broken stairs, spills, clutter, or tripping hazards like rugs
3. Weakness in the lower body
4. Vitamin D deficiency
5. Side effects from some medications
6. Vision impairments
7. Difficulties in walking or maintaining balance

Of all slip and fall hospitalizations, an estimated 300,000 are for hip fractures. Moreover, falls are the primary cause of traumatic brain injury. So, maintaining a safe environment is especially crucial. 

According to the CDC, in 2015 the total medical expenses for fall-related injuries in the United States amounted to $50 billion. Medicare and Medicaid shouldered approximately 75% of these bills.

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