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What Is Personal Injury Law? Personal injury law addresses a variety of types of injuries and losses. This includes bodily injuries, emotional distress, and the loss of property rights. In a personal injury case the plaintiff must show that the defendant's actions caused an actual harm. This can be done by proving negligence as well as strict liability or a different theory of fault. Intentional Exacerbation of Emotional Distress Intentional infliction is a tort that allows victims of mental distress to seek compensation for the harm caused by another person's actions. To prevail in an emotional distress injury claim the plaintiff must prove that the conduct was outrageous or outrageous. Extreme and outrageous behavior is conduct that is so outrageous and unacceptable that it is beyond the social norms of acceptable standards of decency. The use of insults and annoyances is considered acceptable if they aren't outrageous or extreme. Intentional emotional distress or infliction (IIED), is a kind of claim that a plaintiff may bring against a victim in the event that the victim's emotional distress becomes enough to warrant medical attention and treatment. This type of action is used when a defendant causes serious emotional distress to a victim in a negligent way. As with most civil wrongs there are a myriad of elements to be proved to allow an individual plaintiff to win their IIED claim. The early cases required that the plaintiff's serious emotional distress should be evident in the form of a physical injury but today, courts permit recovery even when the Plaintiff's emotional distress is not manifested by an acute visible injury. An experienced attorney can help you determine if you have a case for an IIED lawsuit. They can explain how the law works and assist you in obtaining evidence that proves that defendant's actions caused your severe emotional distress. Expert witnesses are often needed to testify about the severity and the extent of your emotional stress. Psychologists, psychologists, or social workers can testify regarding your symptoms. They can also review your medical records and video surveillance to show that the defendant's actions resulted in extreme emotional distress. The victim needs to prove that the defendant's actions were absurd and inhumane. They must also demonstrate that their emotional distress caused them to suffer long-lasting and significant pain and suffering. This could include things such as headaches, mental health issues and physical symptoms associated with anxiety like digestive issues or chronic fatigue. Strict Liability Strict liability is a form of personal injury law that is utilized when a party is liable for an accident or injury. Strict liability laws were created to ensure the safety of the public, and make someone legally liable for certain actions regardless of the intent or fault. In criminal cases , strict liability is used to prosecute criminals who have committed wronged acts. In civil cases, it is used to indemnify victims of personal injury. Strict liability is distinct from negligence, which requires the proof that the defendant violated their duty of care to the victim and caused injury. There are several situations which could result in a strict liability claim. They include defective products, hazardous activities that are not safe and animal injuries. Defective products If a product is found to be defective and you wish to assert a claim against its manufacturer or distributor. It is possible to prove that the product was defective at the time of purchase or during its manufacturing. You may also file a claim if suffered injuries because of a product that was defective when it was offered to you or shipped to you. Abnormally dangerous activities: According to tort law, unusually dangerous activities are those that carry an extremely high risk of harm that cannot be prevented by normal care and are not usually performed in the normal course of life or under the circumstances. This could include oil drilling and demolition, construction, and other types of activities. Animal injuries: If an animal is vicious and the owner is aware of it, they can be held accountable for any injuries that are caused by the animal. This includes dog bites and other animal injuries that can be very severe. A personal injury lawyer can assist you to determine if you are in a case that falls under strict liability or negligence and to pursue the compensation that you require. If your case is based on strict liability theories, it's advised to consult an attorney as soon as you are injured. You could be limited in your recovery time due to the statute of limitations. It is important that you speak to an attorney immediately to ensure that you are able to file the claim in the time required to receive the compensation you deserve. General Damages General damages are a way to compensate a victim for non-economic losses that occur as a result of the accident. They are difficult to calculate since they are dependent on subjective factors. The costs can be granted to a plaintiff if an attorney for personal injury can prove that they occurred due to an accident. An expert witness can determine the amount of these damages and it varies depending on each case. For example, an injured victim may be entitled to compensation for emotional distress as well as pain and suffering that they've suffered due to their injuries. A victim who is injured could also be entitled to compensation for lost wages and future earnings due to because of their injuries. A plaintiff can make a claim for economic and non-economic general damages. This is also known as “pain and suffering” damages. It is a reference to the mental, emotional physical and mental suffering one suffers as a result of an accident. Economic damages can be easily calculated with receipts and bills to document past and future expenses resulting from the accident. This includes medical expenses, lost wages, loss of earning capacity as well as property damage. A personal injury lawyer can assist a victim to determine the amount of the damages by using a formula. The multiplier of special damages is generally between 1.5 and 5. The multiplier is an indicator of how general damages can be estimated. To get a total amount for general damages, the plaintiff's financial losses can be added to this. A skilled personal injury lawyer will ensure that the general damages are a fair amount for the loss suffered by the victim. Many victims of accidents sustain serious injuries that can last for a lifetime. These injuries can have a major impact on the victim's life and could prevent them from engaging in other activities or sticking with plans. The victim's injuries may be used to pay for the items they require in order to live their normal lives. Special Damages Special damages are a type payment that is made to a plaintiff who has been injured in a personal injury lawsuit. These types of financial damages compensate victims for damages they suffered due to the defendant's negligence, whether in an insurance claim or in court. These financial awards can be divided into two categories which are general damages and specific damages. Although special damages can be easily calculated, general damages can be difficult to quantify due to subjective factors like pain and suffering, loss or consortium emotional trauma. In personal injury attorney lees summit to a general damage award Some victims are also entitled to receive punitive damages that aim to penalize the defendant's incompetence. Punitive damages, unlike compensatory damages, are not intended to compensate the victim, but to discourage similar actions in the future. Apart from financial losses, special damages may also include mental treatment, and income loss. These expenses can be challenging to estimate , so it is important to record them as precisely as possible to show their value. If you've been involved in an accident, contact a Texas personal injury lawyer to learn more about your rights under the law and options. A knowledgeable attorney can assist you calculate your damages and recover the compensation you deserve. The majority of injuries can be painful, or even physically restrictive, and it's essential to seek the proper treatment. A lot of times, an individual will require extensive physical therapy and other treatment as they heal from their injuries. Victims might also require mental health services and support in order to manage their injuries following an accident. This could include counseling, medication, therapy, or any other treatment. It is essential to keep in mind that a lot of these costs can be very expensive and out of pocket expenses. It is essential to have proof of expenses, like invoices or receipts in order to calculate your special damage. The specific numbers you have on the right place can make a huge difference in your settlement or jury verdict. Therefore, it is important to keep all financial documents and any doctor's note or bills.