What is Personal Injury Law?

Every day, just stepping out your door, you risk injury or death through a variety of hazards. A personal injury is one that is sustained through the fault or negligence of somebody else. Since people and companies that cause personal injuries are apt to hide the fact that they are at fault and refuse to compensate you for the wrong they have done, you must take them to court.

Suffering from a personal injury can be tragic and alter your life and finances. The area of the law that protects your rights as an individual in personal injury cases is known as personal injury law. <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.jrleach.com/personal-injury-accidents.html>Personal injury law</a> is a subset of tort law, which protects you in most civil interactions.

Before any action can be taken, there are certain conditions that must be met in order to initiating legal proceeding.

• You must show an injury, either physical, emotional, or financial
• The injury must be a result of the negligence or liability of a third party
• As a result of the injury, damages were suffered, like lost wages, physical ability, pain and suffering, etc.

Determining a Personal Injury

During the lawsuit proceedings, the nature and extent of your injuries will be examined closely. There are many causes of injuries that may lead you to seek damages. Some of the most common include:

• Vehicle accidents
• Slip and fall accidents
• Work related injuries
• Product liability claims

The greatest cause of personal injury is <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.jrleach.com/auto-accidents.html>motor vehicle accident</a>. Each year there are approximately 40,000 people killed and 300,000 injuries in the United States. When insurance does not cover the medical costs and other damages that occur, a personal injury claim may help you be reimbursed for your losses.

Determining Liability

Once the injury is established, it is necessary to prove who is at fault and to what degree. There are two types of liability possible:

• Strictly liable means that the party is responsible for the damage they cause regardless of whether they are found criminally responsible.
• Negligence is conduct that falls below the diligence that a reasonable person would show to protect another person from harm.

If you are found liable for a portion of the injury sustained, your damage award may be reduced by the same percentage for which you are found to be at fault.

Deciding Damages

Once liability is established, the next step is to determine the damages. Damages can include a number of components.

• Medical expenses
• Lost wages
• Lost productivity
• Pain and suffering
• Punitive damages

Lost future wages are determined using actuarial and life expectancy tables based on the number of productive years you would have been expected to have.

Personal injuries occur unexpectedly and without warning. Often dealing with all the other problems and issues after an injury occurs makes it difficult to concentrate on seeking damages. Please visit the website of West Virginia injury personal injury attorneys <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.jrleach.com/>Jan Dils and Jim Leach</a> for an initial consultation.