The term “personal injury” may seem self-explanatory, but in the legal sense it has a very specific and nuanced meaning. Which injuries will qualify you to file a lawsuit for money damages? The answer to this question can be complex. With so many factors in play, it’s best that you speak with a Los Angeles personal injury lawyer to determine what your legal options are.
Legal Definition of Personal Injury
What exactly is a personal injury and when does it merit filing a legal claim? A personal injury case arises when an injured party suffers bodily harm as a result of a negligent action or omission on the part of another person or entity. For a plaintiff to successfully file a personal injury claim in civil court, he or she must prove two things: damages (injury) and liability (fault).
What does personal injury include? It includes any form of physical injury stemming from an accident in which a third-party entity bears all or some liability. Personal injury also extends to include emotional suffering. In some cases, you can pursue a claim for psychological pain.
Types of Personal Injuries
Automobile accidents are perhaps the most common and what automatically comes to mind for most people. However, this is by no means the only form of personal injury. Other incidents for which you may be able to pursue a claim include:
- Workplace injury
- Medical malpractice
- Slip and fall (premises liability)
- Product liability (including drugs and medical devices)
- Dog bites
What Is Pain and Suffering?
In a personal injury case, you may also come across the term “pain and suffering.” What exactly does this mean? It can refer to one of two things:
- Physical pain – this includes chronic physical pain, discomfort, and any of its detrimental effects. To prove physical pain and injury, you must seek medical attention, and the injury/pain must be documented by a licensed physician.
- Mental suffering – this can entail various forms of emotional distress, such as anxiety, shock, development of phobias, anger, mood swings, and loss of enjoyment of life. It may even extend to include physical symptoms like loss of appetite or sexual dysfunction.
In a car accident case, for example, the victim may have suffered multiple broken bones, lacerations, and a concussion. Those are the physical aspects of his pain and suffering. He may also have developed psychological problems, which may include anxiety, depression, a fear of driving, and difficulty sleeping. These mental issues may linger even long after the physical injuries have healed.
A personal injury claim may include monetary claim for all of the above forms of pain and suffering, including both the physical and psychological aspects.
Contacting a Personal Injury Lawyer
Do you have sufficient grounds for filing a personal injury claim? No two cases are alike, and a Los Angeles personal injury lawyer will need to examine your case to determine whether you have a viable path for settlement or jury award. Contact a personal injury lawyer at the Salamati Law Firm to get started; the initial consultation is free, and you owe us nothing unless we win money for you. You have nothing to lose and everything to gain. Call today!
