What Area of Law Covers Personal Injury?
Personal injury law is a broad area of law that deals with accidents and injuries caused by someone else’s negligence. It can involve anything from dog bites to defective products. The most common types of cases involve medical malpractice, product liability, premises liability, auto accidents, and wrongful death.
What area of law covers personal injury?
Common law
If you are injured in an accident, you may be able to claim compensation under common law. Under the common law, there is no upper limit to compensation. However, there are limits for economic loss, general damages, and gratuitous services. In order to get compensation, you must be able to prove the other party was negligent.
A common law claim starts with a letter of demand addressed to the other party. This letter gives the defendant time to raise any legitimate defenses and notify his or her insurance company. If they fail to comply, your claim will proceed to the District Court of Western Australia. Before filing a common law claim, you should seek legal advice.
Non-medical damages
The amount of non-medical damages a person can obtain from a personal injury lawsuit is based on a jury’s determination of the extent of the injury and the damages a person suffered as a result of the accident. The amount of damages a person can obtain in this type of case varies widely, depending on the type of injury and the severity of the injuries. Medical bills and lost wages are easily quantified, but pain and suffering damages are much more difficult to quantify. Lawyers may use medical records and expert testimony to estimate pain and suffering damages.
Pain and suffering damages are a type of non-medical damage that is meant to compensate a victim for physical and emotional suffering caused by the accident. These damages are different from economic damages, because they do not come with objective documentation, like lost wages. In addition to monetary damages, non-medical damages can also include psychological damage, such as stress, grief, and depression.
Economic damages
Economic damages for personal injury are compensation for losses suffered as a result of an injury. These damages compensate the victim for out-of-pocket expenses that a person has incurred due to the injury, including medical bills, treatment costs, and lost wages. Other types of damages, called non-economic damages, compensate the victim for non-financial losses, including pain and suffering, mental anguish, and permanent disability.
The damages awarded in a personal injury lawsuit are usually not capped. This is because punitive damages should be large enough to deter a wrongdoer from continuing the same behavior. In addition, a victim can receive economic damages for other non-economic losses that result from the injury.
Punitive damages
Punitive damages for personal injury are a form of compensation awarded in certain situations. These damages are intended to deter wrongful conduct and put the victim in a better financial position. Punitive damages are awarded based on the level of damage and injury a plaintiff has suffered. If the defendant caused minor damage, for example, the amount of punitive damages awarded is usually less than the total damages incurred by the plaintiff.
In some cases, punitive damages can be awarded for non-economic harm or for conduct that is particularly offensive. It is important to note, however, that punitive damages are not intended to cover costs of a subsequent appeal. In Liebeck v. McDonald’s, a woman suffered third-degree burns after spilling hot coffee at a McDonald’s. She needed eight days of hospitalization and two years of treatment. Her injuries were so severe that she lost nearly a fifth of her body weight.
