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Personal Injury

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Brief Introduction

       Personal Injury Law protects those who were injured by other’s negligence, recklessness, malpractice, inaction. Personal Injury Law has a very wide scope, but the most commen personal injuries are auto accidents, medical malpractice, product liability, injury at work.

The victim of a personal injury can claim against the people responsible. Economic damages include but not limited to: medical expenses, loss of wages and other property damages. It is on a case-by-case bases.

There are three types of liability in the field of Personal Injury Law: no-fault liability, fault liability and strict liability. If an injury was the result of your negligent behavior, or you didn’t prevent the predictable injury happened on your property, you may be held for no-fault liability. But it depends on the specific cases. No-fault liability is mainly for compensatory damages, not punitive damages. Fault liability, however, is for compensatory damages and punitive damages, because the initial behavior is intentional wrong, even criminal. Strict liability is mainly used in  Product Liability cases. Typically anyone who is engaged in the stream of commence of the product (from the manufacturer to the wholesaler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. As to how much damage a manufacturer, wholesaler or retailer should pay, in most situations, the one which benefits greater from the defective product should hold larger responsibility.

In Personal Injury cases, the retaining fee is on a contingency bases. It is only when the attorney successfully helps the victim get the recovery that he/she can get the fee.(If the case is lost, the attorney will get no money.) In most states of the U.S., a 33% fee of the settlement is paid to the attorney.

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