PERSONAL INJURY

Posted by Carl on March 23rd, 2021

Personal injury is an umbrella term for any type of injury to the brain, body, or emotions, rather than an actual physical injury to real property. In Anglo-American societies the term is typically used to describe a kind of tort suit in which the individual bringing the suit usually suffers some sort of injury to either his or her mind or body. While personal injury can be a result of a variety of factors, the most common include automobile accidents, assault, dog bites, defective products, medical malpractice, negligence, slip and falls, sexual abuse, etc. These injuries can also be caused by more diffuse sources such as radiation, poisonous substances, exposure to toxins, asbestos, drugs, etc.

Tort law, which is the part of personal injury law dealing with civil lawsuits, evolved from the legal concept of negligence or breach of contract. An example of a tort suit is where a customer who purchases an item from a store gets his or her finger burned when the seller is negligent in allowing a hot appliance to heat up. If the customer presses charges DUI against the store for not complying with safety standards, the store may be liable for monetary damages. If a similar incident had taken place but the owner of the store was negligent, the customer may be able to sue for personal injury damages. Personal injury cases are usually worth substantial amounts of money because they involve large sums of money.

Most personal injury law is founded on a common law basis; that is, it is governed by what has always been considered normal and reasonable. This means that the person filing suit must prove two things beyond the critical fact of whether or not she was injured. First, she must establish that she suffered damage as a direct result of the defendant's negligence. Second, the plaintiff must establish that the injury caused her great bodily or emotional harm. (These two elements are referred to as the "principle of negligence" and "common law negligence.")

Common law personal injury law also requires that the plaintiff establish that she suffered damages as a result of the defendant's conduct. This element is known as the "marketing element." This refers to any element of the commercial environment that causes the alleged harm. Examples include exposure to dangerous workplace chemicals, being exposed to toxic materials in medical treatments, or being injured while playing contact sports. In many instances, if a court does not find that either element was a contributing factor to the victim's injury, compensation is often awarded to help her pay for medical bills, loss of income, and other costs associated with her injury.

The common law of most states does not require that victims show obvious signs of injury in order to recover compensation. These cases are referred to as "innocent until proven guilty," and often result in compensation awards that are significantly less than the actual cost of treating the victim's injuries. This is because victims often have to expend significant amounts of time and money to pursue their cases. These typical personal injury law rules apply to most types of accidents, but accidents that occurred at work, on the motorway, at sea, or in a public place are generally treated differently by the courts.

For most types of cases, there is usually a requirement that the victim prove that she was either "compelled to be at the scene of the incident," or that she "was caused damage" by the defendant's conduct. In the case of an intentional wrong, the plaintiff has to show that the injured person "was placed in a situation where he had no reasonable alternative but to submit." In most cases, the injured person has to establish that the defendant behaved in a way that, in the event he had chosen to obey the law, would have prevented the incident from occurring. Other typical personal injury law rules apply to cases involving negligence.

If you are looking for an excellent personal injury attorney, look no further than The Law Offices of Brandon C. Mayberry. In addition to personal injury, their office also specializes in family law, criminal defense, and real estate. Visit their website at https://bmayberrylaw.com to set up an appointment today. You will be happy that you did!