Personal injuries can be defined legally as any damage or type of aggression to a person’s body or mental or emotional state, whether intentionally or unintentionally caused. However, the term is also used to refer to the civil liability in which one person accuses another of being responsible for an injury due to negligence.
What are the most common types of personal injury? There are many kinds of personal injuries occurring from day to day due to the negligence or misconduct of another person. However, per US law, there are many practice areas related to personal injuries, each one with its own rules and regulations. The most frequent types of personal injury cases that we handle every day are the following:
Any harm suffered during an accident, whether as a pedestrian or driver.
For example, slipping because of liquid spilled in a store aisle.
Any injuries to any part of the body.
Any injury from assault or robbery.
Any injury caused by the use of a product.
According to the US Public Health Service, every year there are
- 162,000 injuries that lead to death.
- 29,529,000 injuries that involve a visit to the emergency room.
- 31,128,000 injuries that involve a visit to the doctor.
Whether intentional or unintentional, personal injuries are the main cause of death among Americans under 35 years of age, forming the fifth greatest cause of death in the United States. It is estimated that nearly 40% of these injuries happen while people are carrying out everyday activities, while exercising, or even while enjoying leisure activities; perhaps surprisingly, 44% happen within the home.
Every year, the following injuries take place in the United States:
- 6,095,000 surface injuries or bruises
- 5,756.000 open wounds
- 5,510,000 strains or sprains
- 3,443,000 fractures
- 359,000 injuries to internal organs
When a person suffers an injury because of an accident or tragedy, these injuries are generally devastating not just for the person harmed but also for their family: implying suffering, concern, medical expenses, and lost time, meaning lost salary. Many times, the process is unfair and painful for the person injured, not only because of consequences (trauma, the inability to do physical activities, or emotional harm) but also because they will experience emotional and financial stress through no fault of their own. To right this injustice, the law allows those who suffer personal injuries to file a claim against the responsible party to recover compensation for the harm they have suffered. The purpose of this compensation is to restore the person to their condition prior to the accident, and although a lawsuit cannot ease the physical and emotional pain suffered by the victim and family members, at least it can lighten the financial cost required in the process.
Each year in the United States, thousands of people suffer injuries because of accidents resulting from carelessness or bad intentions. Therefore, the law protects those who are hurt, allowing them to request compensation for damage caused; provided the victim can prove that the other party, whether a person or organization, is responsible for causing the injury, whether directly or indirectly (better known as cases of negligence). The victim can claim this financial compensation before the courts. However, besides compensation for injuries suffered, the victim can sue for the possible consequences of the injuries and the way in which they can change the victim’s environment and life. For example, a worker who slips and falls in a public place is not able to continue with his daily work, losing his or her salary as another consequence of the injury. This compensation, called “loss of amenity,” accredits the victim with the expenses caused by the loss of time. A successful personal injury lawsuit allows the person to recover the financial loss, and depending greatly on the severity, the settlement will also be greater, as well as the sum awarded for the future consequences.
The victim can claim compensation for personal injuries suffered, loss of salary, loss of future earnings, medical expenses, property damage; and resulting pain, suffering, and disorders. Payment can be secured through a previous agreement or a court case, with payment varying according to the case; as a lump sum or in variable payments over an established period of time. However, this compensation usually consists of the following: Compensation for medical expenses. Medical expenses (current and future), including rehabilitation expenses, must be verified with a medical treatment certificate from doctors and therapists. Compensation for loss of salary. When a person is rendered unable to work, he or she has the right to claim wages lost because of the inability to complete his or her normal activities. Likewise, the victim has the right to claim this compensation in the case of death of the person they were dependent on (spouse or biological parent). Compensation for pain and suffering. The victim’s family or spouse may have the right to a payout in consideration of the pain and suffering caused by the injuries. Other compensation. This includes all expenses incurred when the victim is rendered unable to perform activities of daily living, such as taking care of their children, caring for elderly parents, housekeeping, etc. This is proportionate to the cost of hiring someone to perform these activities. If the victim dies, funeral expenses are also covered.
Concerning personal injuries, US law is quite extensive and complicated. Therefore, it’s advisable to always have access to legal advice from a good personal injury lawyer. Most of these lawyers will offer their services under the assumption that they will not charge for their services unless they secure a favorable outcome. If you are in a car accident or if you are injured elsewhere, Grupo MedLegal will offer you high-quality medical attention and will assign you an expert lawyer who will make a claim with the other party’s insurance company. For example, if you were to fall in a retail store, a personal injury claim for compensation would be made with the insurance company of the store where you fell. Our personal injury lawyers are dedicated to protecting your rights and are prepared to handle all types of cases. Personal injuries include physical and psychological injuries resulting from the accident. Most personal injury claims caused by auto accidents or by slips, trips, or falls are resolved by means of an out-of-court agreement, while claims for professional medical malpractice are generally resolved in court. No matter how the claim is resolved, we invite you to be represented by our lawyers so that you can be assured that you will receive the compensation you deserve for your injury. Proving a case of a personal accident with physical, emotional, or mental injuries on your own can be a very difficult process. If you believe you have a personal injury case, you can depend on our legal counsel in the following regions:
- Los Angeles, California
- Chicago, Illinois
- Philadelphia, Pennsylvania
- New York
- New Jersey
- Atlanta, Georgia
If you have more questions about personal injuries and the compensation you will receive, you can consult with our agents by means of the following form or you can check our section on frequently asked questions, as well as our telephone numbers and social media.