Personal injury can cover various claims, including medical expenses, lost wages, and pain and suffering. The law defines personal injury as any physical or emotional harm caused by someone else’s negligence. Personal injury does not cover any harm that is self-inflicted or intended, such as suicide.
Personal injury typically covers anything that is not covered by health insurance or auto insurance. For example, suppose you get into an accident with another driver who was negligent in their driving habits. In that case, you may be entitled to compensation for your medical bills, lost income from work missed due to the accident, and other damages related to the injuries sustained in the crash.
This blog will help answer some common questions about what personal injury includes to be better informed when it comes time for your case to go before a judge or jury.
What is personal injury?
Personal injury is a legal term that refers to intentional or unintentional harm caused by another person. Sometimes people are injured in car accidents, slip and falls, product liability cases, medical malpractice cases among others.
Personal injury includes things like:
- physical pain and suffering
- emotional distress
- loss of enjoyment of life due to impairment or loss of bodily function.
- property damage not covered by insurance (e.g., when someone’s careless driving causes your car to be totaled)
- mental anguish/pain/suffering related to injuries.
How to File a Personal Injury Lawsuit?
Personal injury is a common type of lawsuit filed in Idaho. For many people, it can be challenging to know what personal injury covers and how much money they may get if they are injured due to someone else’s negligence.
That is why when you want to file a personal injury case, you should talk to an experienced attorney like Idaho Personal Injury Lawyers as soon as possible because there are strict time limits for filing certain types of cases. If your deadline is missed, then it could mean losing your ability to get compensation. Your lawyer will help you file the correct paperwork, gather evidence, and prove your case in court.
To file a personal injury lawsuit, you must prove that the other party was negligent and caused your injuries. In most cases, this means proving four things:
- First, you must show a duty of care owed by the defendant towards you or someone else who ended up getting hurt because they failed to meet that duty of care. For example, suppose you are injured on someone else’s property because they didn’t shovel the snow off their sidewalk or put out a “wet floor” sign after mopping. In that case, they may owe you a duty to exercise reasonable care in maintaining the condition of their property, so it doesn’t cause injury to others.
- Second, you must show that the defendant breached their duty of care by failing to act as a reasonable person would have under similar circumstances.
- Third, you must prove that this breach of duty caused your injuries and that they are not due to something else.
- Finally, it is essential for anyone who files a personal injury case to prove that they suffered damages from the accident or incident in question. You can do this by providing medical records, doctor’s notes, and other evidence to show how your injuries have impacted you financially, physically, and emotionally.
In summary, it will be best to contact your lawyer as soon as possible to guide you in every step. They will ensure you are well compensated for your claims.