The average person only has a vague understanding of personal injury laws in the U.S. This often leads to confusion when a situation arises and the person is trying to decide if their case rises to the level that they require legal assistance. It is unfortunate that many who fail to understand personal injury as the law sees it, often try negotiating with insurance companies and others and in-turn voids their chances of the best outcome.
In layman’s terms, there are essentially 2 types of personal injury which may need litigation. These are “intent” and “negligence”.
Personal Injury Due To Intent
Intentional tort is a situation where the evidence clearly demonstrates the person responsible for the injury did so by intention. It could be the person set out to only do minor harm, but their actions resulted in something much more damaging. Either way, under the law, if intention was what initiated the action, the extent of the injury, regardless of how unintentional, would still fall under this category.
The biggest issue with this is that the person may be legally responsible, but the insurance company may not be. Insurance often does not cover incidents due to intentional harm. For this reason, if the person who caused the injury is not a person of means, then there may not be any way to collect monetary compensation.
In this case the injured person could pursue the matter for the purpose of having the person at fault prosecuted for unlawful behavior, but not receive any money.
Personal Injury Due To Negligence
When someone does you harm accidentally, but due to their failure to exercise due caution, then this may rise to the legal definition of negligence. To win a favorable ruling, it is necessary to amply demonstrate that the one at fault caused the injury due to their failure to exhibit reasonable care and caution in their actions. This in turn leads to the injury.
The law places boundaries of reasonable behavior that is required by all with regard to how it insures the safety of others. If someone is found in breach of those boundaries, then they are liable for the injuries caused and other related issues such as pain and suffering, loss of wages and so forth.
Some of the most common injury cases that occur in the U.S. are auto accidents and motorcycle accidents. If someone is riding a motorcycle and is hit by a car or truck, it can lead to serious injury or even death. If a large commercial truck hits a car, the damage to the car and those inside can be tremendous.
These types of personal injury are very common examples of negligence as the cause is often because the other driver either ran a red light, or was speeding, talking on a cell phone or inebriated. Of course those are only a small list of the possible causes of negligence a driver may have exhibited.
When these types of accidents occur, it is common that the insurance companies will get involved. It is important to remember that whether it is your insurance company or the insurance company of the other person that is at fault, the insurance companies are not your friend. They are a business for profit and that means they want to pay out as little as possible.
For this reason it is best to seek legal counsel before negotiating with them. Failure to get a legal representative before talking with your own or the insurance company of the other party could leave you vulnerable when it comes time to collect compensation.
For this reason it is absolutely necessary to speak with an attorney before going over any details with the insurance companies involved. If for example someone in Saint Louis, Missouri has been involved in a trucking accident, they could search on Google: “St Louis truck accident attorney” and find someone immediately.