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Looking For a Charlotte Personal Injury Lawyer ? |
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Sign up with us today to hear from a Qualified Charlotte
Personal Injury Lawyer in your area.The service is free,
confidential and fast! Simply Enter the zip code of where the accident took place in the area above to begin! Click Here to Begin! |
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Bodily Injury |
Bodily Injury is defined as a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.
Serious Bodily Injury involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. |
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| A person can be held liable for the physical harm or death of a person caused by his negligent or intentional acts. This includes sickness or disease contracted by the injured person as a result of an injury. |
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| Intentional injuries include the following: |
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- Battery
- Assault
- False imprisonment
- Intentional infliction of emotional distress
- Trespass to land
- Trespass to chattels (personal property)
- Conversion
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| A case for negligence is determined by whether the driver operated the vehicle with “reasonable care under the circumstances.” A failure to drive with reasonable care is considered negligence. For example, the InjuryLawLitigator.com attorney in your area will investigate to see if your opponent was under the influence of drugs or alcohol, failed to use a proper turn signal, failed to obey a traffic light or stop sign, or whether he was obeying the speed limits. |
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In a negligence action, the defendant had a duty of care to the injured party. The defendant breached (failed to perform) that duty. The breach caused the injury. The injured party suffered damage. Personal injury is described as any harm caused to a person, such as a broken bone, a cut, or a bruise.
Strict liability is another type of claim, and generally applies to product liability cases. This type of lawsuit stems from a manufacturer's responsibility for defective products. Product liability is discussed more completely on InjuryLawLitigators.com at this link.
If you have suffered harm as a result of an accident or injury, you may be entitled to receive economic recovery from those who are at fault. What you can recover will depend upon the kind of damages you experienced because of the accident or injury -- both during and after the incident. In some cases, your family members may also be entitled to recover, to the extent that your injury affected their relationship with you. |
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| Types of damages a plaintiff can recover: |
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1. Medical Expenses –
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- Past medical expenses that were reasonable and necessary, or expenses currently owed.
- Future medical expenses reasonably certain to be required.
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| 2. Loss of earning capacity - |
- Past wages – wages lost while off work.
- Lost earning capacity – for example, the injured party returns to work with a disability. Factors of life expectancy, character, intelligence, skills, talents, and experience are considered.
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| 3. Pain and Suffering –Past damages such as, physical pain and suffering, mental or emotional pain and suffering, permanent impairment or disfigurement, and loss of capacity for enjoyment of life. Future damages if the above categories are reasonably certain to be experienced in the future. |
| 4. Emotional distress |
| 5. Loss of consortium |
| 6. Punitive damages – defendant must have acted intentionally, fraudulently, maliciously, or recklessly. |
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| If you have suffered a personal injury, contact InjuryLawLitigators.com for an attorney in your area to review your case. H or she will protect and defend your rights under the laws of your state. |
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| Economic Personal Injury |
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| Defamation – an injury to a plaintiff's reputation. There are three requirements: |
- There must be a defamatory statement about the plaintiff that is more than mere name-calling.
- The statement must be communicated to a third party who understands it. The communication can be intentionally or negligently done.
- Plaintiff must prove that he suffered financial loss as a result of the defamation.
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Defamation can be written (libel) or spoken (slander). If the statement is true, there is no defamation.
If you have suffered an economic personal injury, contact IjuryLawLitigators.com for an attorney in your area to review your case. He or she will protect and defend your rights under the laws of your state.
There are two other areas of economic injury – Invasion of Privacy and Intentional Misrepresentation. |
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Areas of Invasion of Privacy:
- The appropriation by the defendant of the plaintiff's name or picture for the defendant's commercial advantage.
- The intrusion by the defendant into the plaintiff's privacy or seclusion.
- The publication of facts placing the plaintiff in a false light.
- Publication of private facts about the plaintiff. This publication must be objectionable to the average person.
Intentional Misrepresentation:
- Must be a misrepresentation of a material fact, not opinion.
- Defendant knows the statement is false and makes the statement with reckless disregard to its truth or falsity.
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| If you have suffered from Invasion of Privacy or Intentional Misrepresentation, contact InjuryLawLitigators.com for an attorney in your area. He or she will protect and defend your rights under the laws of your state. |
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