WI Personal Injury Attorneys | Personal Injury Definition
Personal Injury Attorneys Define Personal Injury
On the face of it, defining personal injury seems fairly straightforward. If you’ve been injured, it’s a personal injury, right? Not necessarily. The legal definition of a personal injury is “any violation of an individual’s rights, other than his/her rights in property.” We often think of personal injuries as being slip-and-fall cases or physical accidents, but under this definition personal injuries are not limited to physical injuries. A person could be injured in other ways, libel or slander are good examples of non-physical personal injuries.
The Reasonable Care Test
One key factor in determining whether or not the situation is a personal injury case is whether or not the injury occurred due to another person’s failure to use reasonable care. Just exactly what constitutes reasonable care varies from case to case, but in general the plaintiff’s injury must be caused by and be a foreseeable result of the defendant’s action(s).
The Role Of Personal Injury Attorneys
Without hard and fast definitions of what exactly constitutes personal injury or reasonable care, personal injury attorneys have their work cut out for them. They must navigate laws that are open to interpretation and lawsuits are nearly always determined on a case-by-case basis. Rarely does legal precedent make or break cases. This makes choosing a personal injury attorney very important to your case. Ideally, you’ll want a personal injury attorney who has direct experience with your type of injury case, whether that is a physical injury, negligence, medical malpractice, or something else entirely. There are many, many different types of personal injury situations and not all attorneys have experience in all types of cases.
Your personal injury attorney will be instrumental in advocating for your rights and helping you recover damages for things like medical and legal expenses, emotional distress, pain and suffering, lost wages and/or lost future earnings, loss of companionship, and more.