Personal Injury

Personal Injury

Personal Injury law is the general field of law which deals with physical or emotional injury sustained by a person as the result of another’s conduct. Most personal injury cases fall within the definition of “tort law” and have 3 basic elements.

  1. The person causing the injury must owe a “duty of care” to the person who is injured.
    This is referred to as the duty requirement.
  2. The person causing the injury must violate the “duty of care” to the injured party.
    This is referred to as the “breach of duty.”
  3. The breach of duty must result in injuries within a reasonable period of time and space. This is known as “proximate cause.”

If you or a loved one is the victim of a personal injury, there are several things you should do to help yourself and preserve your claim for compensation. The first priority, of course, is to seek proper medical attention and follow up with all appropriate recommendations for treatment. It is usually helpful to start a diary to keep track of your treatment by recording your appointments, the name and address of your medical providers and to record your physical and emotional status.

You also need to report the incident to the proper authorities and your insurance company. If the injury is serious and you suspect you will need to seek compensation for the injury, you should speak with an attorney as soon as possible to discuss what role you should take in investigating the incident, preserving evidence, talking with insurance representatives, and to make sure your rights are protected. Certainly do not sign anything until you have it reviewed by a lawyer.

If you are uncertain about whether you will file a claim for compensation, you need to be careful with whom you speak about the incident and what you say. Unfortunately, the old saying from criminal law, “everything you say can and will be used against you,” applies. Therefore, as a general rule it is best to avoid any discussion with strangers or insurance representatives until after you have consulted with a lawyer.

As with any legal matter, there are specific deadlines and time limitations for filing a Personal Injury claim, and therefore, we encourage you to call as soon as possible if you or a loved one has sustained an injury as the result of another’s conduct.