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What Constitutes a Personal Injury Claim?

WRITTEN BY:
Jon Montagna
May 4, 2015 | News

injuryYou may have heard the term “Personal Injury” before, but probably never understood what it meant. Personal injury is a legal term for all mental, physical or emotional injuries caused by the carelessness of another person. Not all personal injuries are accidental, however. Sometimes damages are awarded for Intentional Infliction of Emotional Distress (IIED). Depending upon the intent or negligence (as the case may be), the injured party may be entitled to receive financial compensation.

The most common types of personal injury include car accidents, slip & fall, assault, product defects, and accidents at work or home. Also included in personal injury are any medical or dental mishaps, industrial disease and repetitive strain.

Car Accidents: Personal injury by way of automobile collisions can mean many things, not always two cars. Personal injury automobile accidents can also include pedestrians or cyclists, and not all are caused by negligence. Weather is often a factor, and these accidents are not always the fault of the driver.

Slip & Fall: It is the legal duty of a property owner to keep the premises reasonably safe. Depending upon the circumstances of the incident and injury, a slip & fall may be a personal injury case.

Assault: Just as with IIED, not all personal injuries are caused by negligence. Occasionally an intentional assault will qualify as a personal injury case, and will usually take on some aspects of a criminal case as well.

Injury by Defective Product: Injury by product is only applicable if the product was being used properly, in the intended manner, and still injured the user.

Medical Malpractice: Injury in a medical setting is one of the most common and controversial forms of personal injury. In cases of medical injury, the victim must prove that the doctor caused the injuries, and did not provide competent medical service.

Personal injury cases are very frequent, and can be devastating. Time limits apply to personal injury cases, so if you think you’ve got a case, please don’t wait to contact the personal injury lawyers at Montagna Law.

Written By Jon Montagna

Attorney

Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.

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