Serious Personal Injury Defined
The term serious personal injury also referred to as serious bodily injury can be defined as an injury that represents a- 1: a significant risk of death; 2: prolonged and evident disfigurement; 3 long term loss or damage of a body part, organ, or mental capacity.
The law defines serious injury in terms of the injury results and it will be applied by a Serious Personal Injury Attorney. For example, an injury is classified as serious if it results in any of the following
- Loss of life
- Permanent loss of use or limitation of use of a body organ, a body member, or a body function.
- Noticeable disfigurement
- Fetus loss
- Dismemberment
- Loss of or limitation of use, of a body function or system
- Fracture
- A short-term injury that prevents you from performing daily activities for not less than 90 days and within 180 days.
Personal injury law.
Personal injury law (which is also called tort law) allows a person who suffers an injury as a result of an accident or incident, to file a civil lawsuit utilizing a Serious Personal Injury Attorney claiming damages.
The aim of the personal injury legal system is to allow a person who has suffered physical or psychological harm due to another individuals’ negligence or intentional conduct, to claim damages and be financially compensated.
Serious Personal Injury Lawyer- Definition.
Personal injury cases (also referred to as serious personal injury cases) are lawyers who provide legal services to individuals who claim to have suffered physical or psychological injury due to the negligence or harmful intent of another person. Typically, a personal injury lawsuit will be composed, filed and if necessary, presented in court by a Serious Personal Injury Attorney. This is also referred to as tort law.
Typically, personal injury lawyers will cover specific areas such as Accidents, Intentional Acts, Defective Products, Defamation, Premises Liability, Workers Compensation, and Sexual Assault.
Accidents
When a person is injured in an accident and that accident happens because of another persons’ negligence or carelessness, this can form the basis of a personal injury lawsuit. The different types of accidents include the following.
1: Motor Vehicle Accidents
Motor vehicle accidents are accidents that occur through the use of a motor vehicle. The different types of motor vehicle accident include car accidents, motorcycle accidents, bus accidents, bicycle and motor vehicles, pedestrian and motor vehicles.
When pursuing a personal injury lawsuit based upon an accident the Serious Personal Injury Attorney will manage and present evidence, file the case within the designated time period and negotiate with insurance companies.
2: Slips and Falls.
Slips and falls are a common form of accident that results in injury. For example, in 2019 there was over 21,000 injury causing falls and over 3,600 injury causing slips.
If an individual is injured as a result of a fall or a slip that occurs because of another persons’ negligence or carelessness a Serious Personal Injury Attorney can file a lawsuit and claim compensatory damages.
3: Medical Malpractice
A Medical malpractice lawsuit is a legal course of action where the plaintive seeks damages due to an injury being caused by the negligence or omission of a medical practitioner during treatment.
It is estimated that there are approximately 85,000 medical malpractice lawsuits a year and in 2018 it is estimated that over $4,031,987,700 was paid out in medical malpractice lawsuits.
A Serious Personal Injury Attorney engaging in a personal Injury Lawsuit will sue for damages based upon a personal injury caused by another individual or entities negligence.
Intentional Acts
When one persons’ action’s intentionally cause harm to another person (for example assault and battery) this is classified as an intentional act resulting in personal injury and can be pursued by a Serious Personal Injury Attorney using intentional tort laws.
Defective Products
If a product is found to be defective and this defectiveness causes an individual to be injured, that individual may have grounds to file a product liability personal injury lawsuit against the products manufacturer. When engaged in a product liability case the injured party claims that his or her injury was caused by a defective product and sues the products manufacturer for personal injury caused by the manufacturers’ negligence.
Defamation
In the case of a defamation lawsuit personal injury laws are applicable when one person makes a defamatory statement about another person and in so doing causes harm to the other person.
Premises Liability
Under Massachusetts law property owners in areas like Worcester or Pittsfield are obligated to protect the safety of the people on their business, home or land, premises. Owners are obligated to ensure that visitors do net get harmed due to hazardous or dangerous conditions.
The extent of liability will vary based on the status of the injured party. For example, the level of the owners’ liability will differ from a business guest through to a social guest or even an individual who is trespassing.
A Premises Liability case will be argued by a Serious Personal Injury Lawyer and it may be based on injuries caused by-
- Harmful materials or chemicals
- Poisoning
- Slips and falls
- Negligent security
- Faulty wiring
- Inadequate lighting
- Dog Bites
- Swimming pool accidents
Workers Compensation.
Workers Compensation is effectively a form of insurance for workers that covers medical costs, lost wages and disability benefits for workers who are injured or disabled while performing the duties of their job. Workers’ compensation cases will often involve extensive negotiations which are conducted by a Serious Personal Injury Attorney who specializes in Workers Compensation and the employers’ insurance company.
Sexual Assault
If an individual is a victim of sexual assault that individual is entitled to bring a sexual assault civil action suite against the perpetrator. This civil action suite will seek compensation for the personal injuries inflicted upon the plaintive.
A Serious Personal Injury Attorney can sue for damages which may include the cost of the medical bills, the cost of treatment for physical injuries, lost wages, and payment for treatment and rehabilitation for trauma resulting from the sexual assault.
Nursing home abuse
Nursing home abuse is when residents of a nursing home or long-term care facility suffer physical, emotional, or psychological damage due to the negligence or intentional acts of those caring for them or nursing home staff. Nursing home abuse falls under personal injury laws and typically the cases will be handled by a Serious Personal Injury Attorney who will sue for damages.
