The Elements of Personal Injury

ou see them advertised all the time and may know a little bit about what personal injury lawyers do. They help those that dealt with personal injuries in order to get compensation. 

But it’s a lot more than that. It doesn’t deal with criminal law, but instead, it’s a civil lawsuit. There can be criminal action that is separately filed if there was a crime committed. 

But typically they involve intentional torts, negligence, or strict liability.  They each have different parts which in order to win cases must be proven, but we’ll go over each of these below. 

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Intentional Torts 

Intentional torts are torts that are done on purpose, but it could be as simple as being aware of the actions and results. 

The wrong action might’ve happened, or maybe something was done poorly. 

Typically, there must be an intention there, to show that they did it on purpose or aware. Typically, it’s done by reasonable standards, and whether it would be reasonable for the person to expect that hey, doing this would hurt someone. 

The causation is the next part, where the actions of the defendant must cause some kind of injury, and this is typically established by the injured party, showing that if they hadn’t suffered the injury caused by the defiant, they wouldn’t have these repercussions. 

The final thing, is damages, and this is usually a quantifiable amount that typically is the expenses for the person who was injured. If the damage is property, the court will also want to know the financial burden as well that was created on the owner of the property as well. 

Negligence 

Negligence is when you have an injury that wasn’t intentional, and typically it does impact the person. 

It typically is based on duty, and how the person who was in charge of the property was responsible for it, or maybe they were responsible for the patient. This can arise from the standards of the profession but also is based on “reasonable care” that members owe to each other. 

Then, it involves breach of duty, which is where the duty was broken. The causation is typically the cause of the problem, such as maybe the injuries were caused by the lack of care and the breach of duty. 

You can’t collect damages unless of course there is actual injury, or that the damage is proved in a negligence case. 

Strict Liability 

This is a third type, and it typically applies to business owners or people who make items. Those who are responsible for making sure products are safe are the ones held accountable here. When injury occurs in this type of case, the defendant will be responsible. It doesn’t matter if they were intentional or negligent. 

Typically, this involves a specific activity such as they’re responsible for an animal and it attacks someone, or the manufacturer is responsible for making sure products are safe. 

The causation is of course the cause of the problem in the case where they need to prove that the person is responsible for this. 

Close-up Of Male Judge In Front Of Mallet Holding Documents

Finally, there is damages. If a product doesn’t work, then you can recover damages if it does hurt you. However, you must prove that you did get injured and that you were damaged either financially, physically, or mentally in order to be compensated. 

This is the umbrella of personal injury laws, and they must be in place in order for someone to get damage for the hurt that they have and get the retribution that they deserve for each of these different facets of it.

Wrongful Imprisonment Lawsuit

Wrongful imprisonment is also known as false imprisonment where someone restrains another against their decision, and in many cases, there is the risk of being killed or injured. 

In most cases, this is commonly a felony, and is considered an intentional tort.

Anyone who does restrict another person without their agreement can be found liable for this. In some jurisdictions though, the victim must not have a means to escape for it to be a false imprisonment charge. Along with that, acts of omission might also be a form of false imprisonment, such as failing to unlock doors and leaving a person trapped inside. 

https://www.youtube.com/watch?v=fHEC33O5EdM

How is this an Intentional Tort? 

While it is typically a crime, it also can be an intentional tort, so it can cause civil personal injury, and criminal charges too. 

This typically must be a volitional action of confining someone without their consent, creating some kind of harm, and typically, this can vary depending on what kinds of harm is caused by this. 

The act is wrongful in many ways, and typically, this is considered a felony if the court does find this to be false imprisonment, with charges of three years imprisonment. 

Typically, this is a misdemeanor that does come with penalties of a year of imprisonment, a $1000 fine, or sometimes both, but this does depend on the background as well, and if this is a repeat offense, it can be more severe. 

What are the Elements 

While sitting in a cell may be considered wrongful imprisonment, it has nothing to do with going to jail, or the police. 

Those who are guilty of it typically are dealing with unlawful confinement. 

There are some elements that go into this, and they include the following: 

  • The words that are said or actions done are done to confine someone 
  • The person was confined for a bit
  • The detention was considered unwilling and unlawful
  • They are aware they’re being kept in one place 

The last one is especially important.  If the plaintiff knew that they were confined and not aware of the situation, the defendant won’t be guilty, so as long as you know that you’re dealing with false imprisonment, then you have a case. 

Examples of this 

This can include making threats and utilizing force to keep someone there. force is usually used, but it typically is not required for a false imprisonment charge. 

For most cases, the plaintiff must be aware that they’re confined. For example, an employee locked by their boss and forced to work overtime is an example of this, since they aren’t allowed to leave. 

But suppose the victim didn’t know that their door was locked. Maybe they were unaware of it. That’s not false imprisonment. 

Typically, they also  can include many different aspects, such as the following: 

  • Keeping possessions belonging to the plaintiff to make them stay here 
  • Medicating without their permission so they can’t leave 
  • Detaining them to question them without a warrant or allowance to do so
  • Holding someone so they can’t move 
  • Grabbing someone so they’re unable to move 
  • Security guards detaining someone for a long period unlawfully 

Typically, this can be a whole lot of different things, but if you do believe that you have a false imprisonment case, you should talk to a lawyer about this. They can let you know of what you can do, including the damages in the form of costs, property damage, time missed from work, and therapy costs, along with pain and suffering that you can get too.

Medical Expenses in Personal Injury Lawsuits

When you’re injured during accidents, you might want to get medical treatment for this. If you do end up filing a lawsuit at this point, you can claim expenses suffered as a result and the damages of such. 

This does include all of the expenses that are necessary and reasonable that you got because of this. Typically, you can claim all of them, even if the insurance pays for a portion of it in most cases. 

Some Examples 

These expenses are classified as what’s called compensatory damages, and are intended for compensation of the party that’s injured, and you can claim all types of medical costs that are resulting from the injuries at hand. 

This can get expensive too, since there are medical injuries that are necessary and required as well, and a lot of times, they do require longer periods of treatment. 

That is why you should document these injuries for the purpose of filing, so that you can calculate the damages and not forget the expenses that are there. 

Some of these examples do include: 

  • Bills for the hospital
  • Physical therapy 
  • The physician you see
  • Doctor bills 
  • Lab fees
  • Costs of surgery 
  • Treatment for managing pain 
  • Cost of prescription meds as well 

You should also consider claiming future expenses too, which means any future expenses that are connected to the original problem or injury. 

For example, if you suffered a spinal injury, you may have surgery during the accident, but let’s say about ten years down the road you’ve got to get it again. if that’s the case, then that of course can also be claimed as well. 

How are they Proven? 

To be proven, you must give every medical bill that shows the amount that you’re trying to claim. You might also want to get doctors or other witnesses to testify the reasonable costs of the expenses. You might also want to get some medical witnesses on trial too so that they can help with proving that the claimed treatment was related to the accident that you’re trying to sue for. 

The Benefit of an Attorney 

With medical expenses, it’s good to have an attorney on hand. That’s because a lot of the damages need to be proven in this, and oftentimes, they can help you get the most payout from the suit as well. 

Attorneys can help you also looked up the medical expenses as well, and the paperwork which is necessary. 

They also can be the liaison between the physicians, and the insurance companies too. They also do have connections and can also hire experts as well to help with garnering support of how related the injuries are to the case, to help you claim the most medical expenses possible during the trial. 

Having a personal injury attorney is very important simply because it can help with really getting everything that you desire, and also, a personal injury attorney can benefit you immensely as well in a lot of cases. So if you haven’t hired one already, you should definitely consider it, especially if you know that the case will be going to trial and you want a bigger payout.

Medical expenses can be a bit hard to calculate in a personal injury suit, but with the right help on your side, and getting a good feel for what you can get, you’ll be able to get the compensation that you need to properly get the solace you need, and as well, you can claim everything that you suffered during the injury.

All About Medical Malpractice Lawsuit

Medical malpractice happens when doctors or other medical professionals don’t give the highest standard of care to their patients when they diagnose, manage, or treat patients, which results in injury. 

The deviation from this is usually considered negligence in the realm of personal injury law. 

Medical malpractice does have laws that allow for those who were injured to bring claims to the professional as well, allowing them to get damages for the harm that’s given to them due to their lack of conduct. 

Whether medical professionals are held liable for this is dependent upon the case, but there are rules as well for this, depending on the state. In some situations, the regulations for this do vary between each jurisdiction within the states too. 

So if you have injuries that are sustained due to medical malpractice, consulting personal injury attorneys to learn more about this is good, and applicable to your area as well. 

All About It 

This is when persons or organizations are held legally responsible for the injuries, and in general, this is typically for the person that breached the duty of care, and was the reason for the injuries of the patient. But figuring out who is liable is a challenge, simply because this is because medical malpractice does involve one party usually.

Typically, it’s possible for these liabilities to be split between the doctor and the nurse, and when they are combined, they led to the injury. 

For example, if there was bad instruction provided to this, or if the medical professional failed to fix the mistake, there is a chance that both parties will be held liable. 

Along with this, the organization as well can also be held liable for this, which is true in cases where the organizations policy or quality of care falls below the duty of care standard for this. 

Some parties who are held liable can include both doctors and nurses, but also surgeons, dentists, chiropractors, psychiatrists, clerical staff, and gynecologists too. 

Examples 

Some examples of this do include the following: 

  • Improper or wrong diagnosis. 
  • Having the wrong medication 
  • Operating on the wrong limb or body part 
  • Failing to follow up with patients after they’ve had a procedure 
  • Premature discharge before the patient is fully recovered 
  • Leaving medical equipment behind in or on the patient 
  • Not giving enough information or getting informed consent before they get surgery 
  • Putting wrong data into a medical chart that results in harm 

How is this Proven 

Typically, this is proven in a few ways, but the main focus is the patient is able to prove that the person caused the injury. 

They need to prove that the professional did owe duty of care and didn’t act  reasonably with accordance to the medical standards. 

They also failed to meet the correct standards so they breached their duty due to being negligent and managing only some parts of a patient’s health. 

Finally, the professional must show that this was the actual along with proximate cause of the injury, resulting in measurable damages 

This also can be filed against an organization too, and it must be shown that there was improper or negligent supervision. 

They will need to give records, receipts for the expenses, documents that resulted in the mistreatment or misdiagnosis, and of course, the costs associated with the injury such as hospital bills to fix the mistake of the surgeon. 

If you do believe you’ve dealt with this, getting a personal injury attorney can help you get the recompense that you deserve for your injury. 

What are Food Injury Lawsuits?

Food injury lawsuits are essentially lawsuits that are enacted due to injuries that are caused by foods that are purchased and consumed. 

These can include the following: 

  • Restaurant owners and employees 
  • Food distributors and suppliers 
  • Food delivery 
  • Stores that sell this 
  • Grocery stores and their branches 
  • Manufacturers 
  • Private practices that catering services 

Food illnesses can result in a lawsuit, but this is a class action lawsuit, when large groups of people are affected by a distribution of food that is contaminated, and there may be a recall of something. 

Types of Injuries 

The most common types of food injuries include the following: 

  • Food poisoning due to contaminated, expired, or food that’s toxic 
  • Swallowing foreign objects in food 
  • Food allergies that aren’t outright stated on the labels 
  • Food infection which may be like food poisoning, but is a lot more long-term 

Most of these claims are due to food that isn’t properly handled, and food that is expired, so you need to make sure that you do get and consume food that’s of course, not expired. 

Most of the time, this is sold by places that follow state and federal guidelines for food standards, so the food that you’re getting may be subject to other standards if it is outside of the country. 

Who to Sue 

Typically, this is done over one of the following: 

  • The place that served the food 
  • The food company that sold this 
  • The place that made the food 

They usually are filed under food negligence, and there are many ways that you can be hurt as well. Examples of this is food not properly handled, and of course, which leads to it. 

Restaurant injuries and slip and falls are of course, different from food injuries, but they do share the same theories as the negligence does 

Along with this, owners of the restaurant are responsible for making sur the property is safe for those that consume food and beverage, and this can cause injuries. This is of course, a breach of duty of care, and if they don’t cook your food right, that’s grounds for a lawsuit. 

Legal Remedies 

Typically, at this point you can file a food injury lawsuit, where you discuss the issue. 

However, there are some factors that go into this, and they include: 

  • The jurisdiction 
  • The circumstances of the case
  •  The parties and people involved 
  • Whether they contributed to injuries of their own 

Typically, this results in a monetary damages awarded, and in general, the remedies for this are typically personal injury claims. 

As for the damages, this can include food packages, receipts, and documents including emails between the food maker and you as well. The legal remedies may also include other parties too if there is a class action lawsuit in place. 

Then, you can collect damages for this.  

The damages for this do vary, and they can include the following: 

  • Medical and hospital bills 
  • Wages lost 
  • Future wages loss
  • Pain and suffering 
  • Other expenses 

If you plan to sue restaurants for negligence, then you should get evidence that’ll link the omission and acts to the injuries as well, making sure that you can prove that the restaurant was responsible for the injury. You also should make sure that you have an incident report too. 

Food injuries are not fun, and they can be such a problem for many people. But, if you struggle with this, there is help, and lawsuits are an option.