What is 'Personal Injury'?

"Personal injury" is the general title given to civil wrongs (torts) that cause bodily injury or harm. A tort assigns responsibility to an individual, group or corporation (defendant) for causing injury to another person (plaintiff). The primary goals of personal injury law are to provide relief (damages) to the plaintiff and to deter the defendant from inflicting further harm to others. Personal injury litigation encompasses a wide variety of claims including:

• wrongful death
• birth defects caused by toxic chemicals
• cancer caused by toxic chemicals
• accidents:
  • slip and fall
  • aviation
  • motor vehicle
  • railroad
  • ATV
  • motorcycle accidents
  • boating and watercraft accidents
• animal bites
• premises liability
• product liability (e.g., defect in either manufacturing or design of product; failure to warn)
• nursing home and elder abuse
• toxic torts - including chemicals & cosmetics, class actions, hazardous waste, pesticides, radiation and electromagnetic energy
• Class action (several related lawsuits are combined into one to avoid swamping the judicial system with hundreds or thousands of individual cases)
• medical devices
• pharmaceutical products

If you have an injury that was caused by someone else's actions or negligence, you should seek advice from the attorneys of Gary C. Johnson, P.S.C. on filing a suit to recover damages. According to the law, personal injury victims are entitled to compensation for the plaintiff's breach of duty or violation of some right. If the jury finds the defendant guilty of negligence or wrongful conduct, then you will be entitled to receive plaintiff damages.

What Are Damages?

Damages can be economic (for lost wages or medical expenses), non-economic (for pain and suffering), and punitive (to punish reckless behavior). Punitive damages are usually awarded only if the defendant's actions were so heinous that the judge believes it necessary to make an example of the defendant. If your injury was caused by a defect in a product's design, production or labeling, any or all parties involved in the manufacturing chain can be held liable for damages.

While some personal injury suits may be based on intentional acts such as assault and battery, most claims are due to negligence. To win your case, the four critical components of negligence must be established. These critical elements are:

1. The defendant had a duty to you;
2. The defendant failed in that duty (breach of duty);
3. That you were harmed because of the defendant's breach of duty; and
4. That damages resulted from the harm.

In many instances, you can recover any medical expenses as a result of your injury, such as doctor and hospital bills, medications, therapy, home health care and all other related medical expenses, as well as any future medical expenses you reasonably expect to incur. You can also recover for the physical pain and suffering you have sustained, your out-of-pocket expenses, your mental and emotional anguish, your lost wages, benefits and other compensation, any loss of your future earning capacity, and the future diminishment of your enjoyment of life.

Personal injury cases are complex. At Gary C. Johnson, P.S.C., our personal injury attorneys provide tough and aggressive representation aimed at moving your case forward and obtaining full compensation for your injuries.

The law firm you choose does make a difference. We offer a free initial consultation to discuss your case, and we will always give you our honest opinion about your case in light of the facts, case law, and our experience with similar personal injury cases. Call us today at 1-866-268-4200, or use our online contact form.

PERSONAL INJURY FAQS

What personal injury cases does your law firm handle?

What is the statute of limitations for personal injury claims in Kentucky and West Virginia?

What damages can I collect as a result of my personal injury?

How do I know if I have a medical malpractice case?

What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?

If I slip and fall at a business, is the owner of the business legally responsible for my injuries?

How do I know if I have a personal injury case?

Why do I need a lawyer to represent me in my personal injury case?