Personal injury is also a legal phrase for an assault to the body, mind, or feelings, rather than an actual physical injury to physical property. In Anglo-American countries, the word is most often used to describe a kind of tort suit in which an individual who is bringing the lawsuit has actually suffered personal injury to either his/her body or emotions. In most cases, this kind of personal injury litigation arises out of automobile and motorcycle accidents, medical malpractice, and prescription drug abuse. It can also arise from defamation, sexual harassment or any other legally related claims.
There are many unique aspects of personal injury law that govern each state. For example, all states have what are called contributory negligence laws that require a higher burden of proof for the defense of an injured party. In most instances, the higher burden of proof in these states requires that the plaintiff prove that (a) the defendant owed a duty of care in the first place and (b) that duty of care was violated in some way. Although levilawny may sound complicated, it is still important to keep in mind that in all but the rarest of cases, the state law courts have no power to enforce this kind of claim against a third party.
In contrast, the most common law system of personal injury laws in the United States is what is called the common law system. This system recognizes no limits on what may be claimed as a result of a negligent act or omission. The fact is, however, that this system does have something of a binding precedent. A district court is likely to defer to the decisions of lower Federal courts, unless the lower court can show that it has more evidence to support its view of the law than the district court does. While state courts will generally honor whatever decision the lower Federal court has entered, they are not required to do so.
It is for this reason that many victims of motor vehicle accidents feel less confident when they file a personal injury lawsuit after sustaining an accident. In general, this reluctance is grounded in the common law basis for these lawsuits. It must be remembered, however, that although the lower Federal courts may have some power to defer to lower Federal courts when deciding a case, they are not ipso facto bound to do so. In addition, it must also be kept in mind that whatever decision the lower Federal court comes to will not necessarily have the same effect on state courts. Different states have different common law bases, even in personal injury laws. In other words, although the lower Federal court may decide that an automobile driver was at fault for causing an auto accident in Florida, a state court is able to determine that the decision was wrongful, based on Florida’s personal injury laws.
Another reason why victims of motor vehicle accidents may feel uncertain about filing a personal injury claim is the difficulty of doing so. This is not as much of a problem in the lower Federal courts, where decisions can be upheld on appeal only if they are clearly wrong. However, in the higher Federal courts, the majority of cases end up being overturned on appeal. As a result, those who have been injured in accidents involving defective automobiles find themselves subjected to additional challenges in receiving compensation. These challenges are especially significant where the injured person may have suffered a physical injury as well as a financial one.
The final reason why victims of automobile accidents may feel reluctant to seek damages through personal injury laws is that the process can be difficult and costly. In addition to having to pay for the representation of their attorneys, they may also have to pay the cost of hiring a private investigator to review their accident-related documents or to visit the scene of the crash to gather additional evidence. Although the overall expense of pursuing such claims can be significant, particularly where injuries have been incurred, victims may be advised against pursuing such lawsuits on the grounds that the amount of potential compensation they are likely to receive is too low. Some insurance companies may even try to discourage individuals from filing personal injury lawsuits on the grounds that they may have an unrealistic chance of winning them.
However, the overwhelming majority of personal injury law claims are successful. When this happens, victims are often able to recoup a significant portion of their losses – often more than double – through court awards of damages. It is important to remember that such lawsuits must be filed within a reasonable time after the accident occurred. Periodic reviews of the legal merits of the case by experts hired by the attorney general will often determine whether there is sufficient evidence to pursue a case. If the attorney general determines there is not, there may be reasons for the case to be dismissed.
It is important to note, however, that even in instances in which there may be a valid case of personal injury brought about by the conduct of another person, the injured person may still be able to sue for personal injury law claims. For example, the driver of a car that was hit by another vehicle in an accident caused by the negligence or malice of the driver of the other vehicle may be able to sue for personal injury damages. The person who was hit by the driver’s car may also be able to file a personal injury claim if the driver of the car was found to have been negligent in driving the vehicle in the first place.