What is Personal Injury Law?
Understanding Personal Injury Laws
While many people have heard of the term personal injury, they are unsure of what precisely this body of law includes. Personal injury law refers to situations in which a person’s body or emotions are harmed, which is commonly due to the carelessness or negligence of another person. This area of law also includes things like wrongful death, which refers to a situation in which an accident results in death. These types of cases arise when an injured person initiates legal action against a company or person, or defendant, who is alleged to have caused the damage.
Common Types of Personal Injury Accidents
Each year, several types of personal injury accidents occur in New Jersey. Some of the most common types of personal injury accidents that occur include the following:
- Car accidents involving large trucks, motorcycles, or pedestrians
- Consumer product liability cases involving defective products, medications, and recalled products
- Injuries due to attacks by dogs and other animals
- Injuries from hazardous activities including the use of chemicals or explosives
- Injuries involving emotional distress and mental damage
- Slip and fall injuries as well as other premises liability cases
The Role of Negligence in Personal Injury Cases
Most personal injury cases involve negligence, which occurs when the responsible parties fail to meet their legal duty of care. To prevail in a personal injury case in which negligence is involved, an accident victim must establish that several elements occurred, which include the following:
- The defendant had a duty of care toward the plaintiff
- This duty of care was breached
- The defendant’s breach led to the plaintiff’s injuries
- The plaintiff incurred damages as a result
The Role of Strict Liability
In some situations, strict liability applies rather than negligence. Strict liability holds that a person who harms someone is responsible regardless of the defendant’s responsibility for the accident. Strict liability only arises in a small number of cases in the state of New Jersey, but often involves a complex body of laws, which is why an attorney’s assistance is often critical in these cases.
Deciding on Compensation
After an accident victim establishes that a defendant negligently caused an accident, a judge or jury is tasked with deciding on the amount of money that the accident victim should receive. Compensation often includes various costs like emotional suffering, lost wages, and medical bills. Sometimes, the amount of compensation that an accident victim should receive is decided through arbitration or mediation, which are processes that occur outside a court of law. A knowledgeable lawyer is often able to help an accident victim determine the best route to obtain compensation.
Contact an Experienced Personal Injury Attorney Today
No matter how it occurred, if you or a loved one has been injured in a personal injury accident, you should not hesitate to contact an experienced accident attorney who will remain committed to fighting for the results you deserve. At Ferrara Law, we understand just how damaging personal injury accidents can be and will remain committed to fighting for the best possible results in your case.
