Philadelphia Personal Injury Law Firm
Personal Injury is a catch-all legal term for any physical or emotional injury or damage inflicted by one individual on another. Personal injury laws allow injured individuals (plaintiffs) to collect compensation (damages) from responsible parties (defendants). The actions of the responsible party may be intentional or negligent. Three conditions must be met for a personal injury case: a legal “duty” (responsibility) between plaintiff and defendant; breach of that duty (by the defendant); damage resulting from that breach.
One of the most fundamental “duties” in our society is that citizens do not harm each other or each other’s property. This is so expected in society that we often do not think of it as an independent responsibility, but it is to and its violation is adequate grounds for a personal injury case. Violation of this duty may take the form of action (intention) or inaction (negligence); either is sufficient to warrant a personal injury suit with the violator subject to the personal injury laws governing the situation.
Often, personal injury law requires proof that the defendant acted in a specifically intentional or negligent way – that some specific wrongful action or inaction was taken leading to the injury or damage. In some cases, strict liability applies. This simply tightens the degree of responsibility and specific wrongful action or inaction need not be proven: the simple evidence of injury is enough. A common example of this is product liability – a drug manufacturer who obeys all regulations but still produces a product that causes harm is responsible for those injuries, even though no specific wrongful action or inaction may be evident.
Defendants found responsible for personal injury are responsible for rectification – to make the situation right. This usually means paying damages – money to compensation the victim for injuries/damages sustained. These damage may arise from a mediation, settlement, or judge’s ruling.
Should you find yourself the victim of personal injury, you can help yourself by doing these things:
- Seek proper medical attention as needed.
- Follow up and follow through with proper authorities (including your insurance company, if applicable).
- Contact an attorney to evaluate your case.
- Avoid discussing the matter outside of consultation with your attorney. This is especially applicable to other insurance representatives.
- Act quickly: most personal injury laws are subject to statutes of limitations.
If you or a loved one is in need of legal assistance, call Heavens Law Offices at 1-866-HEAVLAW, submit a free online consultation, or contact us. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
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More Information Negligence Overview Comparative and Contributory Negligence Intentional Torts Personal Injury Damages Product Liability Statutes Of Limitations |