Personal Injury Accident: What does the law say?

A personal injury falls under the scope of Tort Law. Personal injury laws allow an injured person to file a civil suit in court to get a legal remedy in the form of damages for all the losses that were faced by the injured due to an accident or any other injury-causing incident. The object of the personal injury system is to allow the injured person to be compensated financially or ‘made whole’ after he or she has suffered losses or harm to his or her body, mind and emotions because of someone's negligent behaviour.

In simple words, personal injury cases are brought about by physical injury or mental anguish caused by the actions or negligent behaviour of another party. As an element of civil law, personal injury cases include:

• Motor vehicle accidents
• Workplace accidents
• Product defects
• Slip and fall accidents
• Defamation of character
• Wrongful death or, other situations wherein the injuries prove fatal

Now, one must remember that the term ‘personal injury’ also incorporates negligence in medical and dental procedures. For example, when a medical or dental practitioner fails to exercise reasonable care in the treatment of a patient, he commits medical negligence or medical malpractice, for which he or she can be prosecuted.

The parties in a personal injury lawsuit include the plaintiff who is injured and the defendant whose negligence caused an injury or loss to the victim and whom the case is brought against.

In a case where the accident causes the death of the victim, the plaintiff is the representative of the deceased’s estate.

A personal injury claim begins when the injured person i.e., the plaintiff sues another business or person who was negligent in his or her behaviour and seeks compensation for the injuries sustained in the form of ‘damages’. Here, it is pertinent to note that one must be sure about the validity of a personal injury case and hence should contact a legal professional.

Here, the important question is, what should you do after a personal injury accident occurs?

It is common to be scared or even confused when an accident occurs. However, it is necessary to remain calm and not rush through any legal procedures. As a victim, one can seek compensation in the form of damages. 

The following points must be kept in mind after a personal injury accident to successfully go through the lawsuit:

1. Know the Case –

Motor vehicle accidents are the most common type of personal injury cases that are recorded. If someone gets hurt in such an accident that was caused by a reckless driver, the injured person can file a claim and can seek compensation. Other personal injuries include medical malpractice, workplace accidents, product defects, slip and fall accidents, defamation of character, etc. A person filing a personal injury lawsuit must know the kind of personal injury that has been inflicted upon him or her.

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2.  Get medical treatment –

One must always consult medical practitioners after suffering from any kind of personal injury. A proper medical examination can avoid future health complications and can also help in building a strong case, as the treatment records help in establishing a link between injuries and accidents. Further, such records also highlight the depth of impairments and injuries and can show the injury’s effects, permanence and seriousness.

3. Obtain Legal Representation –

Once the injured person has received proper medical care, he or she must focus on appointing a legal professional who has an experience in cases of personal injury. As mentioned above, accidents can cause a lot of pain while creating confusion and fear in the mind of the injured person. Therefore, it is necessary to appoint an attorney who can help the plaintiff to build a strong lawsuit. It is advised to hire someone who has efficient negotiation and mediation skills. After appointing a legal professional, one must make sure that his or her representative improves the odds of winning the case and also explains the legal procedures in a detailed manner. It is important to stay motivated throughout the trial process and a good legal representative can prove helpful in this regard.

4. Gather evidence, documentation and witnesses –

In a personal injury case, the burden of proof lies on the plaintiff. In other words, the injured person must prove that he or she was injured due to someone else’s negligence. Thus, it is necessary to provide evidence and documentation. One must collect records and documents of everything about the case including medical records, police reports, witness’ contact information, any tangible material like a shred of clothing or broken lights, and photographs. It is advised that the injured person must write a detailed account of what happened before, during and after the accident in his or her own words. This proves helpful at a later stage. Further, it is pertinent to note that testimony from a witness may go a long way in a personal injury case. Statements of witnesses may be used to bolster the side of the injured person’s story, and they might also offer first-hand information that can be used to know who was at fault.

5. Statute of limitations must be kept in mind–

As personal injury comes under the purview of civil law, there is a certain limitation with regards to when a complaint can be filed. To lodge a compensation, claim and to receive compensation for damages from a Court of law having the applicable jurisdiction, the court proceedings must begin within three years from the date on which the accident occurred.

Also, in certain cases, the court proceedings may begin three years from the date when an injured person becomes aware of the injury. This rule, however, has certain exceptions to it.  Failing to commence Court proceedings in due time may result in the claim becoming statute-barred i.e. one can lose his or her right to claim compensation forever.

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Do I have a personal injury case?

To answer the question of whether one has a case for personal injury or not, it is necessary to understand the types of personal injuries. If the injured person has suffered from any one of the following personal injuries, he or she can file a case for personal injury claim compensation:

1. Bodily harm –

The most common example of a personal injury involving bodily harm is a motor vehicle accident claim. If someone were hurt in a motor vehicle accident by a reckless driver, the injured person has the basis for filing a claim and can seek compensation. The compensation would cover existing medical bills and future medical expenses such as home care, physical therapy, etc.

2. Pain and suffering –

Pain and suffering claims typically extend beyond the immediate bodily harm that occurred and is hence considered a trickier issue. An example of pain and suffering can be a disfiguring injury that might be relatively inexpensive from a medical perspective but may lead to lifelong self-consciousness issues that give rise to suffering and thus significantly exceed the damages awarded. Here, it is pertinent to note that in the case of pain and suffering, the plaintiff must be able to document the activities that he or she previously enjoyed but can no longer participate in and how he or she currently feels about them daily.

3. Emotional distress –

One of the most difficult injuries to pursue is emotional distress. It covers a wide range of injuries ranging from defamation to threats of physical harm. An injured person who is hurt in an accident can pursue damages for more than just bodily harm and medical bills. For example, a person who is too scared to drive anymore because of an accident may be able to seek money for a reduction in the quality of his or her life. Here, it is pertinent to note that emotional distress can be inflicted in two different manners, namely:

        i. Negligently

       ii. Intentionally

Negligent infliction of emotional distress covers incidents that were gruesome to the witness. For example, someone who saw a fellow employee mangled by a machine at work might be able to sue based on negligent infliction of emotional distress due to the damage caused by witnessing the event. On the other hand, intentional infliction of emotional distress covers behaviours that are seen as outrageous based on social norms. For example, deliberately passing along false information would qualify as a type of intentional infliction of emotional distress.

In conclusion, it can be understood that a person can file a case for personal injury and claim compensation for the same only if he or she has suffered either bodily harm or pain and suffering or has faced emotional distress as a result of the incident. 

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