Understanding Personal Injury

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Understanding Personal Injury
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In legal terms, personal injury refers to
different injuries to an individuals body, mind
or emotions. The law allows anyone who gets
injured to seek legal redress and get a remedy
for the losses incurred as a result of the said
accident. In the legal world personal injury is
referred to as a TORT claim TORT claims have two
basic issues which are damages and liability.
Damages refer to the sum of money that is
claimed or gets awarded as compensation in regard
to the loss or injury sustained while liability
is the legal term defining the person who is
legally responsible for your injury.
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In most cases, personal injury cases are injuries
that almost always are sustained as a result of
car accidents, animal bites, injuries occurring
while you are on another persons property,
construction site accidents, defamation claims
and injuries that result from using defective
products. When a claimant wins a judgment they
are awarded pain and suffering damages. TORT
claims are basically awarded on three different
bases as follows
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Negligence This is normally the most common
basis for most personal injury claims negligence
seeks to establish that a third party was somehow
at fault because they had a duty that they
breached resulting in your inquiry. This duty is
one that is owed to all reasonably foreseeable
parties to which reasonable care ought to be
exercised.
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Strict Liability Strict liability is quite
common in personal injury cases where the injury
comes as a result of a defect in the design or
manufacture of a particular product. The personal
injury attorney handling your case will need to
establish that the way the product was designed
or manufactured made it unreasonably dangerous
when it is used by someone as intended.
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Intentional Acts This is an extremely rare type
of personal injury case intentional acts refer
to a situation where someone hit you
intentionally or situations where to get
wrongfully detained such as cases of false
imprisonment.
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Damages Damages refers to the amount of money
claimed or what is finally awarded for your loss
or injury they are typically divided into two
categories as follows General Damages These
are damages that are thought to flow naturally as
a result of the defendants wrongful actions.
They may include features such as suffering and
physical pain, mental anguish, physical
disfigurement, loss of companionship-paid to
family members in wrongful death cases and
lowered quality of life.
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Special Damages Special damages are calculations
that are done to give financial compensation to
the person injured in relation to their losses.
This may include among others things like out of
pocket expenses that are directly related to the
said injuries they may also include repair or
replacement of damaged property or lost wages and
earning capacity etc
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L.L.P.3110 Camino del Rio South, Suite 203San
DiegoCA 92108United StatesTelephone (619)
299-4877http//www.hm-lawyers.com