Personal injury is one of the most complex areas of laws to decipher, but it plays a crucial role in maintaining wellness and safety throughout daily life. The reason personal injury claims exist is to make it a civil duty and legal obligation to avoid causing harm to others. The goal is to encourage people to exercise reasonable care under every possible circumstance.
What is personal injury?
A personal injury is any harm a person suffers due to another’s negligence or intentional actions. The injury can be physical, mental or even emotional, although the latter two may be more difficult to quantify. Personal injuries can arise from the most common accidents and occurrences, including the following:
- Motor vehicular accidents
- Slip-and-falls
- Dog bites
- Medical malpractice
- Nursing home negligence
- Defective products
- Work-related injuries
People do things every day and make seemingly inconsequential decisions without realizing how they can affect others around them. Imagine if a driver is on their cell phone while operating a motor vehicle and accidentally rear-ends your car on your way to work. You suffer injuries and need to recover. If the driver had focused their attention on the road instead of their cell phone, they would not have caused the accident in the first place. Who will pay the medical bills and cover the income you will lose while recovering? It should be the person who caused the accident.
The legal requirements for pursuing a personal injury claim
The legal prerequisites for filing a personal injury claim will differ in each state, but the most significant requirement that is common to all states is the need to establish fault. To hold someone legally accountable, you must prove their negligence or intentional misconduct directly resulted in your injury. They caused the accident, meaning they are at fault. Proving fault is even more crucial in a contributory negligence state like Maryland, where any degree of responsibility on your part could prevent you from recovering compensation.