At Hoyer Law Firm, we provide the highest quality legal services to victims of personal injury. If you have ever wondered if you are the recipient of personal injury from a legal standpoint, this article will clearly define that for you. Our clients in Lehi, UT and the surrounding areas have relied on us to help them with all of their legal needs when they have been injured. If you have additional questions or would like to schedule a free consult about an injury you have received call us today at (801)901-0797.
In legal terms, personal injury is an injury to the body, mind, or emotions, but does not include injury to one’s property. It is important to note that although physical injury commonly plays a major role in personal injury cases, the plaintiff is not required to be physically injured or harmed to file a personal injury lawsuit. Proof of mental and/or emotional harm in and of itself is grounds to pursue legal action.
The specific form of harm is only one aspect of the personal injury definition. Equally as important for a case is the ability to prove the injury was the result of wrongful conduct of another party. The legal term for this is “tort,” whose definition describes it as “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” Criminal law involves the government prosecuting the accused, whereas tort action cases involve a private plaintiff seeking compensation (typically monetary) for the injury or harm caused by the actions of the defendant.
The “wrongdoing” in the majority of personal injury cases is founded on the doctrine of negligence. Negligence is simply putting others at risk through irresponsible actions. However, this doesn’t mean that there is a negligent party every time someone gets hurt or injured. Accidents happen sometimes that can’t be avoided, and the doctrine of negligence fully recognizes that. The plaintiff in personal injury lawsuits must be able to prove that a responsible, prudent individual would have acted differently under the same circumstances as the defendant.
One of the most common instances of negligence is auto accidents where the defendant either breaks the law or displays reckless behavior leading to a collision. As an example, there were 54,036 car accidents in Utah in 2014 related to speeding and 2,130 due to drunk driving. All those at fault in those accidents displayed obvious negligence. Other examples of negligence include medical malpractice issues due to a physician’s carelessness, dog bites from free-roaming pets, and even something as simple as a store owner failing to put out a sign informing customers of a slippery surface.
If the plaintiff is able to establish negligence, the defendant is then required to pay the plaintiff for all injuries or damages caused by the defendant’s negligent actions. There are two main categories for damages in a personal injury lawsuit: general damages and special damages. Special damages are those easy to calculate, such as loss of income, medical bills, lost opportunity, etc. General damages are more difficult to quantify and become very subjective. Those damages include pain, depression, disfigurement, anxiety, etc.
Before pursuing action against a defendant, the plaintiff must first decide if they are seeking compensation from the right defendant. This doesn’t mean the plaintiff is accusing a non-guilty individual, per se, but rather that the plaintiff is initiating a tort action against a defendant with no money to cover the punitive damages. If the tortfeasor (the person whose actions directly harmed the plaintiff) does not have the financial ability to pay the judgment, the plaintiff may seek after other parties who could be deemed “liable” based on their relationship with the tortfeasor (a landlord or employer are two common examples).
As previously stated, negligence is involved in the majority of personal injury cases. However, there are still many civil suits that press charges based on intentional torts. While negligence is a result of being irresponsible, an intentional tort is when the defendant purposefully performs the action that harms the plaintiff. There are many types of typical intentional torts, but some of the most common include battery, assault, fraud, intentional infliction of emotional distress, and defamation.
Whether or not the defendant knows his/her actions will cause harm to the plaintiff has no bearing in a personal injury lawsuit. As an example, you and a friend are walking on the sidewalk downtown. He jokingly pushes you, causing you to trip, fall, and break your arm. Even though both you and he know there was no intention of misconduct, your friend is still legally liable for all damages caused by his actions.
As is the case with all legal action, there are deadlines put in place to pursue a lawsuit, which is referred to as a statute of limitations. The statute of limitations for personal injury varies state by state, with most states being between two to three years. For personal injury in Utah, the statute of limitations is four years. This means that a plaintiff has up until four years from the day the incident occurred to file a lawsuit against the defendant.
If you have been injured and have any questions about your situation from a legal standpoint, call Hoyer Law Firm today at (801)901-0797.
