The term personal injury is just what it says "an injury" to "a person". Compare this to a property damage claim for instance. In a property damage claim, you may have a tree limb fall on your car, or your parked car hit by a plow or another vehicle. Because personal injury claims impact the individual they are very personal.
Guy DiMartino Law is a Michigan City personal injury law firm. This means that we handle matters in which a person was injured by another individual's or company's negligence. Depending on the nature of the facts, personal injury claims fall into a number of categories. Here are a few of the categories:
Golf Cart Accidents
The hallmark of the above types of Michigan City personal injury matters is that they usually involve some type of vehicle or conveyance.
The next category of personal injury claims can include claims that happen on someone else's property. These personal injury claims are termed premises liability claims. Here are a few examples of premises liability claims:
Trip and Fall Injuries
Slip and Fall Injuries
Injuries in apartments and houses
Negligent security injuries
The next category of Michigan City personal injury claims can include those involving health and medical care providers, these claims would include:
Medical malpractice Injuries
Chiropractic malpractice Injuries
Hospital malpractice Injuries
Nursing home Injuries
Assisted living facility Injuries
Home health care agency Injuries
The next category of Michigan City personal injury claims can fall into the products liability bucket. In these claims, a person is injured because of a problem with a product. Product liability claims involve certain defects that include defects in the design of the product, or the manufacture of the product, or failing to give a proper warning regarding the use and/or dangers of the product. Product liability injury claims would include some of the following:
Motor vehicle products claims, an example would be a faulty seatbelt
A bad drug injury, pharmaceutical claim
Household products and machinery claims
Next, there are some miscellaneous claims, which fall into the personal injury category. These can include the following:
Intentional Infliction of emotional distress claims
Negligent infliction of emotional distress claims
Defamation claims which involve injury to a person's reputation
Dram shop claims which involve alcohol
I'm glad you asked, typically all personal injury claims, involve the following elements:
A relationship between the parties. Legally this is called duty. For instance, in a medical malpractice context, that relationship is doctor or hospital and the patient. In a car accident case, the relationship is between the folks who were driving the vehicles.
The second element, most of the time, asks - what did the other party do wrong. Stated another way, was the other party negligent, or did they violate or breach their duty. Take a car accident for a vehicle. If you driving through an intersection with a green light, the duty of the other driver with the red light is to stop and not travel into the intersection. If the other driver is busy texting, doesn't stop at the intersection, and crashes into your vehicle, the driver violated or breached their duty of care. Let's say we were at a restaurant and I asked you what the other driver did wrong? You would probably say, that driver didn't stop at the red light. This second element is sometimes called negligence.
The third element is a little mushier. This is the legal requirement of causation. Legal causation requires a relationship between negligence and the fourth element or damages.
The fourth element is damage or injury. Under our law, if someone is careless and injures someone else, they are responsible for the losses that are related (caused) by the negligence. In a Michigan City personal injury matter, damages can include hospital and medical bills, lost time from work, and pain and suffering.
Remember, there has to be a relationship between all four elements in order to receive compensation for your injuries. For instance, say a knucklehead was racing down Franklin Street weaving in and out of traffic. The knucklehead runs the red light at Coolspring Ave. and you're in the middle of the intersection and you are able to avoid the crash. You're worked up, you miss work that day because of the stress, and you want to bring a claim against the knucklehead. Indiana personal injury law wouldn't allow you to bring the claim because there wasn't a crash. In most instances, there is no personal injury claim for "I almost died" or "I was almost severely injured."
If you are looking for a Michigan City personal injury attorney, Call Guy DiMartino Law.