Personal injury is, by definition, physical and mental harm to one person by another entity. Personal injury is a very broad spectrum, and it can be hard to understand what does and does not classify as a personal injury (legally) as our Dallas, TX personal injury lawyer who has been rated by Super Lawyers can share.
Duty of care is also a common term utilized when discussing personal injury law. Duty of care is essentially the legal obligation to act with a sense of care. Doctors have a duty of care to take full care of their patients, estheticians have a duty of care to take care of their clients’ skin, and so on. Not fulfilling the duty of care is
described as negligence. When navigating a PI claim, negligence needs to be proved in order to proceed with personal injury law. This is just one thing a lawyer can share with you on your case — reach out to a lawyer for more tips on how to prepare for your injury case.
What Are The Types Of PI?
There are many types of personal injury that can occur. Remember personal injury accounts for physical AND mental harm.
Medical Malpractice
Medical malpractice happens when a patient becomes further injured or dies due to the medical care provider’s negligence. For example, someone is having surgery and the surgeon does not maintain a sterile court. Later, the person gets an infection due to the unsterile environment. That would be medical malpractice. This is because the surgeon had a certain duty of care to make sure your surgery went well and that the environment was sterile, but due to his own negligence the duty of care was not fulfilled. The doctor is now at risk of a medical malpractice lawsuit. Other instances that result in medical malpractice can include improper diagnosis and failure to warn patients of medical risks.
MVA
Motor vehicle accidents can also be classified as personal injury. If both parties are driving, and one party is driving while texting and crashes into the other, injuring the other party, there are grounds for a personal injury lawsuit. As we saw before, a duty of care needs to be unfulfilled, or negligence needs to be proved. In this case, the entity who was texting while driving was negligible
because texting and driving is well known to be dangerous to the driver and others.
Slip And Fall
A premises’ liability, or more commonly known as a“ slip and fall”, is essential. If someone“ slips and falls” or gets injured on someone else’s property, the property owner might be held liable. They will be held liable if they fail to ensure that their property is a safe environment, in other words, if they fail to fulfill their duty of care.
What Does Not Count As Personal Injury?
Personal injury is a broad spectrum, but not ending. Personal injury won’t include just emotional distress without any physical harm; it won’t cover minor inconveniences, or injuries caused by your own negligence. For example, if you ignore caution signs and get hurt, that was your own negligence and the property owners are not liable.
You should seek legal help to know if you have a case or not as a lawyer can act as a guide to your injury claims. If you or someone you love has been injured due to someone else’s negligence, contact a lawyer with a 10.0 rating from Avvo at the Brandy Austin Law Firm for help.
