What is personal injury law?
Personal injury law, also known as tort law or the law of civil wrongs, provides legal remedies to those who have suffered physical, emotional, or financial harm due to the wrongful actions or negligence of another person.
It encompasses a wide range of situations, including motor vehicle accidents, medical malpractice, slip and falls, product liability, and intentional harm, among others. The fundamental principle of personal injury law is to ensure that injured people receive compensation for the harms and losses they have sustained.
These harms and losses often include:
- Medical expenses
- Lost wages
- Physical pain
- Mental anguish
- Inconvenience
The harms and losses that are not medical expenses are more commonly referred to, collectively, as “pain and suffering.” Furthermore, personal injury laws serve as a mechanism for holding responsible parties accountable for the harm they have done to others. Whether they acted negligently or intentionally, personal injury law aims to hold them accountable. Personal injury laws serve a vital role in society by providing justice and financial relief to those who have suffered harm. This promotes safer behavior and encourages more responsible actions by individuals, businesses, and other institutions.
What types of compensation are available to victims?
Compensation for personal injury plaintiffs aims to help individuals recover from the physical, emotional, and financial consequences of their injuries.
Economic damages
Economic damages cover the tangible financial losses that the injured person incurred as a result of the injury. This includes:
- Medical bills
- Lost wages or income
- Property damage
- Any other quantifiable expenses directly related to the injury.
These financial reimbursements alleviate the unwelcome burden imposed on victims. Our attorneys work to ensure that our clients have the resources necessary for their recovery and rehabilitation.
Non-economic damages
Personal injury compensation also extends to non-economic damages. These are often more challenging to quantify but equally important for recovery.
Non-economic damages take into account:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Psychological trauma
The above damages are common to personal injury victims. Being able to award an injured person compensation for pain and suffering provides a sense of justice for the victim. It acknowledges the intangible hardships they endured. By addressing the emotional and psychological toll of the injury, the plaintiff feels justified, which aids the healing process.
Punitive damages
Lastly, punitive damages may be awarded in certain cases to punish the responsible party for particularly egregious conduct. It’s designed to serve as a deterrent against similar behavior in the future.
While not always awarded, punitive damages send the message that reckless or intentional harm will not be tolerated in society. The compensation system in personal injury law aims to balance the scales of justice by providing financial support for victims while holding wrongdoers accountable for their actions. This ultimately contributes to a safer and more just society.
Does personal injury law deter bad behavior?
In a word, yes. By holding individuals, businesses, and institutions accountable for their actions and behaviors, defendants may experience:
Financial consequences
When people know that they can be held liable for any injuries they cause, they’re incentivized to exercise greater caution. For example, knowing that they may be responsible for medical bills and higher insurance premiums, drivers will likely adhere more closely to traffic laws. The end result is fewer accidents on the road.
Public scrutiny
High-profile personal injury cases sometimes attract media attention and public awareness, leading to reputational damage for the responsible parties. This negative publicity can have far-reaching consequences, including:
- Loss of revenue
- Departure of shareholders
- Vendor disruption
- Loss of sponsorships
- Decrease in public support
- A expensive damage control campaign
Per the above, businesses and individuals have a strong incentive to avoid engaging in negligent or reckless behavior. No one wants to compromise their image and reputation.
Legal precedents and standards of care
Furthermore, personal injury law can deter certain conduct by establishing legal precedents and standards of care. Court rulings in many cases have helped to set clear expectations for what is considered reasonable behavior. By revealing the factors that contribute to injuries, personal injury law aids in the development of safety regulations, product standards, and industry best practices.
Historic personal injury cases that changed society
Erin Brockovich
Erin Brockovich is not only a personal injury pioneer with an award-winning movie made in her honor. She helped to shape laws pertaining to dangerous chemicals in the water. She worked passionately on a water contamination case surrounding hexavalent chromium, which was sickening residents of a small Mojave Desert community. Now, California’s State Water Board has proposed a long-awaited regulatory standard that would limit the toxin’s presence in drinking water, thereby making it safer for everyone.
Rob Bilott and DuPont
For many years, large chemical manufacturers such as DuPont either created or worked with PFAS (per- and polyfluorinated alkyl substances). They are commonly referred to as “forever chemicals” since they do not break down easily and will persist in the environment for decades.
When Wilbur Tennant’s cattle were dying on his West Virginia farm, he noted that the farm was downstream from a DuPont plant that was dumping chemicals. He retained the services of Robert Bilott, who began the first of many lawsuits against DuPont and other chemical companies. For decades, these large corporations were able to dump PFAS, which contaminated drinking water and caused cancer and disease to those who were regularly exposed to it.
Now, the law states that any entity or person that has manufactured per-and polyfluoroalkyl substances (“PFAS”) for a commercial purpose must submit all information regarding their PFAS use. The Environmental Protection Agency (EPA) requires them to submit:
- Production volumes
- Byproducts
- Disposals
- Exposures
- Existing information on environmental or health effects
Have you or a loved one been injured through no fault of your own?
A personal injury attorney can help you navigate the legal process so that you can focus on your recovery. The compassionate lawyers at Allen & Allen are here to help, and ready to hear the details of your unique situation. For a free and confidential case evaluation, call us today at 866-388-1307.
