The term ‘Personal Injury’ refers to an injury to a person as opposed to an object. The injury could be physical or emotional and may be caused as a result of negligence, gross negligence, reckless conduct, or intentional misconduct.
In any personal injury case, a personal injury attorney must be able to prove that the injury was the result of negligence. In order to do that, he or she must prove four things:
- Duty of care – The negligent party had an obligation to act prudently to avoid injury.
- Breach of duty – The negligent party knowingly or unknowingly exposed the injured party to risk.
- Direct cause – Deliberate acts or inability to act caused the injury.
- Harm – Financial loss because of the actions of the negligent party.
Gross negligence is defined as “A high degree of negligence, manifested in behavior, substantially worse than that of the average reasonable man.”
In almost all personal injury cases, the negligent party completely disregards any harmful consequence. In gross negligence, one cannot omit the presence of ordinary care or diligence. For instance, if a dentist does not take more than ordinary care when treating a patient, he or she is likely to damage one or more teeth or the mouth.
You also need to be familiar with the term ‘Reckless Conduct’, which is defined as “The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.”
In reckless conduct, the party has actual knowledge that the act or failure to act can cause personal injury, environmental pollution or other major loss. An example is when an FMCG company adds a substance in its products even after actual knowledge that the substance causes damage to the human body.
Common Types of Personal Injuries
Personal Injury cases can be classified in any of the following types:
- Medical and dental accidents / malpractice
- Industrial disease cases
- Vehicle accidents (car, motorcycle, boating, trucking)
- Railroad accidents
- Slip-and-fall accidents
- Dog bites
- Work-related accidents
- Sexual abuse (both physical and psychological)
- Toxic torts
- Product defects
- Assaults & other intentional torts
- Dangerous drugs
- Wrongful death
- Defamation / Slander / Libel, and
- Airplane accidents
Most of these types are self-explanatory, but some require explanation.
Assaults and other torts – Torts are ways to hold someone legally responsible for any injuries caused to another person. These are types of civil suits, not criminal. Intentional torts include battery, false imprisonment, assault, intentional infliction of emotional distress, trespassing, fraud and invasion of privacy.
Industrial Disease Cases – A person may suffer from a short-term or long-term disease from working in a factory or industry. The disease could be chest disease, vibration white finger, asbestosis, peritoneal mesothelioma, occupational deafness, contact dermatitis, occupational stress, or repetitive strain injury.
Toxic Torts – The injured party can claim that exposure to a chemical caused damage or injury to them.
Dangerous drugs – The Federal Drug Administration (FDA) approves drugs for use. Therefore, an average consumer expects it to be safe. Oftentimes, drugs can have side effects and harmful consequences. A dangerous drug is one which is hazardous for health and has detrimental effects on the body.
Talk to a personal injury attorney in case you suffer from an injury. The attorney must be experienced and knowledgeable in your jurisdiction and state specific laws.
Oberg Law Office Provides Zealous Representation of personal injury attorney Dallas County TX like Auto Accidents, Workplace Injuries, Premises Liability in Texas.