An Insight into The Personal Injury

Despite the fact that, individuals and the economy is moving at an unfaltering pace yet instances of individual damage is still on the ascent. We have started accepting and treating men and women equal yet the cases of personal injuries are still being heard of. Some people believe that being abrasive, or violent is a weapon of being strong, however, it just shows that they are just animals with no mind and heart. Personal injuries that happen by chance are less reported than the ones which are done brutally and intentionally.

So what is a Personal injury? It is referred to as a legal term for any injury done physically, or mentally. Legal proceedings can be filed against any individual who has caused damage due to sheer neglect, careless or rash behaviour, or an act done to harm intentionally or purposely as well as some even on the basis of severe legal responsibility. The Different set of authorities illustrate the harm in different ways and can be compensated for the medical expenses of the injured, their pain and agony. Let us see some of the cases or incidents qualifies for a personal injury in brief:

Car Accidents

This is very common worldwide and generally is the result of rash driving, not adhering to traffic rules, or being drunk. One in ten cases is due to car accidents. The person driving, in this case, can be held financially accountable for the same.

• Medical misconduct- These incidents happen on the negligence of a medical practitioner, where he is unable to deliver skilled and adept care which leads an injury to the patient.
• Physical assault- These kinds of incidents are done intentionally and purposefully to harm the other person, could include, burning, attempt to kill, physical abuse etc. These also take the form of a criminal case and the proceedings are dealt with severity. The compensation will also include the criminal charges along with the compensation for all the injuries. Subject to the intention or neglect of the accused, the injured side can claim financial compensation, either through a judgement or a settlement. While personal injury cases generally are the result of the rash behaviour or intentionally done, yet maximum cases are based on the fact that it was due to carelessness and sheer neglect. In case, the party is held liable for the injuries and damage, based on neglect and carelessness, it needs to qualify the below mentioned four points to be able to do so.
• The party was bound to be dutiful as per the situations
• The infringement on the side of the party caused harm,
• The party violated the duty laws.
• The financial damage that was caused to you during the sufferings when the party violated the laws and did not take care. In most of the cases, the personal injury cases are initiated by filing a court with a credential referred as a “Complaint”. This complaint detects the parties to the legal proceedings, ascertains what mistakes have been done by the suspect, claims the defendant for all the wrongdoings, and even demands compensation for the injured.

The fact though remains that accidents and casualties do happen, but the injury, pain and melancholy cannot be overlooked when it happens to a near and dear one. We need to understand that we need to respect the other person as much as we need him/her to respect us, be patient and not get abrasive or rash with others as even we could experience the same.

Works Cited

1. American Bar Association. (n.d.). Personal injury. https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/personalinjury/
2. Centers for Disease Control and Prevention. (2021). Motor vehicle injury. https://www.cdc.gov/injury/features/global-road-safety/index.html
3. Cook, J. (2018). Medical negligence. In J. Cook (Ed.), Tort law: Text, cases, and materials (4th ed., pp. 671-692). Oxford University Press.
4. Criminal Code, RSC 1985, c C-46, s 265 (Can.).
5. Gerhardt, R. (2018). Personal injury law. In N. J. Emanuel (Ed.), Principles of business law (2nd ed., pp. 213-226). SAGE Publications.
6. Goggin, M. (2021). Physical assault. In M. Goggin (Ed.), Criminal law: Text, cases, and materials (5th ed., pp. 142-157). Oxford University Press.
7. Legal Information Institute. (n.d.). Negligence. Cornell Law School. https://www.law.cornell.edu/wex/negligence
8. National Center for State Courts. (n.d.). Civil case process. https://www.ncsc.org/education-and-careers/education-and-professional-careers/careers-in-justice/publications-and-multimedia/the-case-of-the-clarinetist/the-case-of-the-clarinetist-case-process
9. Prosser, W. L., Keeton, R. E., Dobbs, D. B., & Kaveny, M. C. (2015). Prosser, Wade and Schwartz's torts: Cases and materials (12th ed.). Foundation Press.
10. US Legal. (n.d.). Elements of negligence. https://injury.uslegal.com/negligence/elements-of-negligence/