Personal Injury

A personal injury is a severe injury suffered by one person, caused by the negligence or wrong actions of another. Personal injuries can arise from numerous circumstances - accidents, unsafe products or environments, etc. Not all injuries qualify for legal action - sometimes, injuries simply aren't preventable. However, when you are seriously hurt because another person or company failed to do something correctly, you may have a case. The key principle involved in personal injury claims is the idea of negligence - that someone should have done something, and didn't - and that failure caused your injuries. More specifically, in legal terms negligence is proven by establishing these basic facts:

  • The person who caused your injury owed a duty to you (such as the duty of a fellow driver to obey traffic laws or the duty of a drug company to make safe medication)
  • The person failed to carry out that duty
  • You suffered injury as a direct result of that failure

You must also be able to show that your injury is severe. Your injury doesn't necessarily need to be permanent, but even an injury that is expected to heal within six months may merit a lawsuit if it costs you six months of work or thousands of dollars in medical treatment. Personal injury lawsuits have been filed for a variety of injuries, but some of the more common ones include:

  • Head and spinal injuries
  • Severe burns
  • Broken bones
  • Organ damage
  • Loss of limb
  • Severe illness
  • Post traumatic stress disorder
  • Loss of mobility/use of limbs or other impaired functions

If your injury meets those criteria and was caused by negligence, then you may be eligible to file a personal injury claim for damages. These damages vary depending upon the severity of your injury, as well as other factors, but the general idea is that you deserve financial compensation for the suffering caused by your injury. The amount and kind of damages differ from state to state, but typically you may be able to file for the following:

  • Pain and suffering
  • Lost wages
  • Medical benefits - including both the medical bills you've already incurred and future costs you expect to encounter, such as therapeutic treatment or long-term care
  • Loss of consortium - spousal or parent-child relationships that have been negatively impacted by the injury

If you have suffered a serious injury and believe you have grounds for a lawsuit, you might think that any lawyer could represent your case - particularly if your injuries and the responsible party seem fairly obvious. However, working with the right personal injury attorney and firm can have a tremendous impact on the outcome of your case and whether you receive appropriate compensation and justice for your injuries. Experienced firms know that injury claims are often won based on testimony from industry experts - professionals whose occupation makes them qualified to make statements about your injury or the role played by the person or company you are suing. Industry experts might include a doctor who understands the nature of your injuries and how they will affect your long-term health status, or an engineer who can explain the workings of an unsafe consumer product. Your attorney should work with reputable experts in the field who can provide accurate and respected testimony to the court - and refute the testimony presented by the other side.

You also want representation by a firm with a proven track record of success, so that you can trust your case with an attorney who is truly qualified to argue on your behalf. Skilled personal injury attorneys know when to settle out of court or when to proceed to trial - and they can provide you with the right recommendations to protect your interests.

Attorneys affiliated with The Law Firm of America have experience in a variety of personal injury practice areas, including:

  • Class Actions
  • Products Liability
  • Prescription Injuries
  • Avandia
  • Gadolinium Toxicity
  • Reglan
  • Trasylol
  • Yaz
  • Elidel
  • Protopic
  • Raptiva
  • Accutane
  • Traumatic Brain Injuries
  • Spinal Cord Damage
  • Mesothelioma
  • Wrongful Death

Not every law firm is capable of handling your case - and it can be difficult to select an attorney when you are dealing with recovery, medical bills, and the other immediate realities of a personal injury.