4 Situations Where Personal Injury Laws Apply

Personal injury laws provide legal rights to people who incur physical or psychological damages from the negligence of another person or company. These statutes apply to a wide range of cases and may vary from one state to another. If you incur such injuries, you’re entitled to compensation, and an attorney can help you file a claim.

Here are multiple situations where personal injury laws apply:

  1. Accidents

Personal injury statutes apply when someone acts negligently and the carelessness harms another person. Examples of such accidents include car crashes, slips, and falls, medical malpractice, and more. 

Car accidents: Auto accidents are an upsetting experience and can result in various types of injuries. Drivers also have a role in protecting pedestrians on crosswalks, residential streets, and parking lots. If you suffer injuries as a pedestrian, a Miami pedestrian accident attorney will advise you to file a claim immediately. This way, you’ll hold the driver liable and get compensation for the injuries.

Slip and falls: These are common in workplaces and pavements. They can result from loss of traction on the walking surface, leading to ankle sprains and other types of injuries.

Medical malpractice: Medical malpractice involves injuries inflicted by medical practitioners through misdiagnosis, prescription, or surgical errors.

  1. Defective products

Defective products are goods that are unreasonably dangerous when used for their intended purpose without any modifications. These can be consumer goods, medical equipment, or pharmaceuticals. Such products are usually recalled by the government and banned from the market. However, if you suffer injuries from such products, you can file a product liability lawsuit and hold the manufacturing company liable.

  1. Defamation

Defamation involves oral or written statements that cause harm to another person. Defamatory statements are false and usually ruin the other person’s reputation. They can also lead to financial loss and emotional distress. The elements of defamation lawsuits are;

  • A defamatory statement
  • False statement
  • The statement should inflict injury
  1. Intentional acts

Intentional acts in personal injury laws refer to situations where the defendant’s deliberate behavior harms another party. In this case, the person acts in a way that intentionally inflicts injury to another person. Examples are; assault, battery, false imprisonment, fraud, invasion of privacy, and emotional distress.

How do personal injury cases work?

Various laws govern personal injury cases and standard steps to follow. First of all, the defendant harms the plaintiff. The plaintiff determines that the defendant breached legal duty, which depends on the situation in which the injury occurred. 

For instance, a doctor has the legal duty to treat a patient using the right procedures, medicines, and equipment. Similarly, manufacturers shouldn’t issue defective or dangerous products that can harm consumers.

If you can prove that the defendant breached legal duty, settlement negotiation takes place. You can opt to settle this out of court or file a personal injury lawsuit. No matter the option taken, negotiations take place, and you’re compensated for the damages.

In summary

Personal injuries are common, and various laws are governing them. If you get involved in such a case, an attorney can guide you on the legal steps to take. These are professionals with vast knowledge of personal injury laws and will help you get compensation for your damages.

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