Personal injury law is a phrase many people know, but don’t understand. That is completely understandable. The term soundssimple, but it is very complex. The term “personal injury” refers to a situationin where a person (or company) harms or kills a person. The harm can bephysical or it can be emotional.
What isa Personal Injury Claim?
A personal injury claim is different from theterm “personal injury.” This means that a person who was injured wants money torecover damages they sustained because of the harm they suffered. If the persondies because of the situation where a company or another person caused themharm, their family members can sue on their behalf.
The personal injury claim must be based onnegligence. Negligence occurs when the wrongdoer in the situation (company orperson) being careless. Negligence is typically defined as the failure of aparty to act as another reasonable party would act in the same and/or similarcircumstance.
An automobile accident is one example of anegligent act. A driver who causes a crash failed to act as a reasonable driverwould have in the same and/or similar situation. For instance, they didn’t obeythe rules of the road and hit another driver as they were turning.
Typesof Personal Injury Claims
In Arizona, there’s not one type of personal injury claim. Instead, there are many types of claims. The reasonfor this is because many types of negligent acts are considered personalinjury. For instance, professional malpractice is one type of personal injury.A person who is harmed by a doctor can file a medical malpractice claim.
Products liability is another type of personalinjury claim. Products liability occurs when a person is harmed or killed by adefective product that was too dangerous to be on the market. The injuredperson can file a products liability claim to receive compensation for theinjuries.
TheTerm “Damages” isn’t What You Make Think
The term “damages” is used a lot in law. Theterm describes the amount of money a person is owed because they were injuredin a personal injury. This means the injured person’s personal injury law firm phoenix az files a personal injury claim on their behalf. In that claim, they seeka specific amount of money to cover bills. These bills include medical bills,missed wages and property damage. They can also have other type of bills thatare considered non-economic. These bills include pain and suffer and mentalanguish.
Trialand Settlement in a Personal Injury Claim
A personal injury claim can be settled in one oftwo ways: settlement or trial. A settlement occurs out-of-court. Both partiesagree to a specific amount of money, and the accident victim gives up the rightto continue their lawsuit. The other option is to go to trial where their attorney will prove the wrongdoer owes them the money to cover theiraccident-related expenses.