What is Personal Injury Law?
Definition of Personal Injury Law
Personal Injury Law is a type of tort or civil wrong where harm or damages are caused to an individual because of anther individual failed to demonstrate reasonable care making make them negligent. Many times in my experience personal injury law has blurred with what we call litigation law. Our laws recognize torts as legal grounds to sue the negligent party in order to recover losses incurred by an injury or other harm, including psychological losses.
What this truly means is that in our state of Missouri as well as nationally, we have the legal right to sue to recover for damages incurred and subsequent damages that are expected in future losses because of the injury. Many times I am fighting for my clients to recover the full compensation they deserve for medical expenses, pain and suffering, loss of earnings, property damages, emotional distress, loss of consortium or companionship, and legal costs and attorney’s fees.
The Goal of Personal Injury Law
The overall goal of personal injury law is to make the injured party whole and to create legal protections for the injured party. One of the most important factors in personal injury law is liability. The injured party proves a liability by showing that the individual who was at-fault, meaning caused the harm, did so because of their failure to exercise reasonable care. As a personal injury lawyer, I must show for my clients that it was reasonable that this failure resulted in the injury or harm caused to my clients. The finding of reckless or negligent action then can result in a judgment of liability. Where experienced personal injury attorneys can help is because the at-fault party will have their own legal defense. There are several common legal defenses in personal injury claims. In my experience, we have fought cases where the other party tried to prove the injured party knew the activity that led to the injury was one they knew was dangerous, meaning they knew there was a chance to be injured.
Insurance Companies Role in Personal Injury Law
We also have insurance companies that try to use pre-existing medical conditions to their advantage when assessing the damages of an accident claim. What many in the general public fail to realize is that personal injury law is extremely complicated and requires intense debate and investigation as well as a constant need to understand the ever changing legal laws and tort reforms on a state by state basis. Each year many special interests groups lobbying for the interests of the insurance companies are seeking laws in tort reform to decrease these types of law suits and make it more difficult for the injured to get the full compensation they deserve. Think about it this way, if you are injured, a multi-billion-dollar company actively spending millions of dollars to try to decrease the amount of damages that can be recovered.
The Uphill Battle Injury Victims Face
You, the victim, whose expenses, pain and suffering is real, now are facing an uphill battle just to receive what is fair. As an injury lawyer in Springfield Missouri for over 30 years, I have dedicated my firm to advocating for the rights of the injured, I have seen firsthand the deals, tactics, strategies of these insurance companies use so they can pay the injured as little as possible. However, in personal injury law many times we think of a lawsuit, many cases will never proceed to court. An experienced attorney will assess your damages, the other party’s insurance policy, your own insurance policies, and then work with you on making a determination of economic and socioeconomic damages.
How Ransin Injury Law can Help You and Your Family
Many times in personal injury a law firm creates a reputation with these insurance companies. They realize that it will be more cost-effective to settle for the full compensation my clients deserve rather than paying the expense for their legal team to take the claim to trial. When we have an insurance company that will not give us what we deem to be the compensation we believe we deserve, I then take my experience of trial law and put this to work. If you or a loved one has been in an accident that resulted in personal injury, please call us at Ransin Injury Law today. Meet with experienced injury attorney David Ransin, our consults are free, and we would like to help you protect your legal rights today. Please call us at 417-881-8282.