What is PI in the Legal Realm?
PI can stand for many things, but in the context of law in most cases it usually stands for ‘Personal Injury’. A legal definition of Personal Injury could be "a body of rules that govern financial reimbursement for losses and harm to a person or property." Personal Injury Law is usually defined as being a part of the larger law of tort, or a field of law that handles civil wrongs and damage to an individual person or entity. The latin term "tort" means to "twist" or "to wrong", and is the legal and basic foundation upon which the theory of Personal Injury rests.
Lawsuits filed under the theory of Personal Injury are usually civil (not criminal) complaints regarding losses suffered by the plaintiff that are alleged to have occurred as a result of wrongdoing, either intentional on the part of the defendant, negligent or simply an accident . PI in the legal world (Personal Injury Law), is a category of law that covers cases that handle intentional action or negligence that leads to injury, pain or suffering of a party.
The person or entity initiating the action is referred to as the "plaintiff" and the person or entity that the complaint is against is refered to as the "defendant". The negligent or wrong action of the party causing the harm or damages to the plaintiff is referred to as the "proximate cause".
To make the bases of the legal theory of Personal Injury Law even simpler to understand here, one may think of it as this: damages from harm done to a person, physical, emotional or social, that is caused by another individual, without premeditated intent to do so, may be the basis for the filing of a lawsuit under the theory of Personal Injury.
Personal Injury Types
There are many types of personal injury cases: a car accident, or slip and fall can be a personal injury case, as can a dog bite, a burn injury, medical malpractice and even a construction site injury. The main thing that they have in common is that these situations all begin because someone creates a situation under which another person is injured and not to blame for their own injuries. In a car accident, one person might rear end another vehicle or make a left turn in front of an oncoming car and cause the accident that way. In a slip and fall case, a store might have spilled some sort of liquid on the floor that customers don’t see. When a customer walks through it, they fall and hurt themselves on the floor. Medical malpractice might be that a doctor makes an error during surgery and the patient develops a huge complication. In these cases, the doctor is liable for the problem.
At the workplace, you’ll have people getting hurt not because they’ve done something wrong, but because a construction site made a poor safety decision. If they don’t provide safety equipment, like scaffolding or harnesses and a worker falls off the roof and dies, then the employer can be held liable in that case. So, all of these cases really boil down to the same thing. It’s not the fault of the person who gets injured, and whoever put them in this situation and created this fail point is responsible for the injuries. Generally, with any of these cases, it’s usually something to do with causation. There’s the issue of whether or not they negligently caused the accident and whether that accident was really the cause of their injuries.
What Does a PI Lawyer Do?
A personal injury lawyer (PI lawyer) is a professional who represents the interests of clients in personal injury claims. When someone has sustained a physical or psychological injury due to the actions of someone else, you can work with them to file a claim against that other party’s insurance company or pursue a lawsuit in civil court against someone who defies such payments. At all times, the goal is to minimize the injuries incurred and help you recover some of the more obscure damages that your injuries have brought upon you. The basic premise behind the work of a personal injury lawyer is to help clients get what they are entitled to. In many cases, injury victims are unaware of what constitutes damages and what damages are covered by a personal injury claim at all. Its a PI lawyer’s job to know the law inside and out, providing you with information and legal guidance as you navigate your way through the intricacies and nuances of a personal injury case. Even the most basic of personal injuries can create a ripple effect on your everyday life and your finances, and it takes a knowledgeable personal injury lawyer to determine just how deep the effects run.
PI Lawsuit Process
A personal injury lawsuit typically begins with the injured party meeting with his or her attorney for a consultation. The attorney will then investigate the circumstances surrounding the incident. In order to provide the injured client with adequate case representation, the attorney must be informed about the current and future medical conditions; the physical, mental, and emotional costs; and a wide range of other damages that speak to the level and extent of injuries involved. Seeking the experience of the attorney before filing a lawsuit is also often recommended.
Once the facts surrounding the case have been evaluated, the attorney will then file a lawsuit on behalf of their client. Although a lawsuit can be pursued at any time following an incident, statutes of limitations may apply to a personal injury action .
The next step after most lawsuits have been pursued is the discovery phase. During this phase, both parties gather and exchange information about the case in order to evaluate the accuracy of the claims. Documentation, witness statements, medical reports and bills, and employment records are among the many items commonly evaluated during the discovery phase. When the information has been compiled and pertinent for negotiation or settlement is identified, the attorney may submit this information to insurance companies on behalf of their client.
Sometimes, a settlement can be reached prior to going to court, and if this occurs, the personal injury lawsuit is dismissed. However, if settlement cannot be reached, the matter will proceed to trial where a jury will hear the facts of the case and render a verdict.
Personal Injury Compensation
Compensation in a personal injury claim can come in various forms. The most common types of compensation sought in a personal injury case are for medical expenses, lost wages, pain and suffering, and as a punitive measure against the defendant.
In order for any type of compensation to be awarded, the plaintiff seeking compensation has to show that the defendant in question is liable for their injuries. The defendant can still be liable even if they didn’t directly cause the injury. If you are injured because of a defective product, for instance, the manufacturer might be liable even though they weren’t the one who physically harmed you.
The amount of compensation that is awarded in a personal injury case can vary greatly. In general, compensation awarded is supposed to cover your losses that were either caused or aggravated by the injury that was sustained.
Types of compensation can include expenses related to a medical emergency, physical therapy or any other form of medical treatment that was required as a result of the injury. This can be fairly simple to calculate, and if a person did not have health insurance or other types of coverage at the time of their injury, it can be considerably easier for them to recover if they win their lawsuit.
More difficult to assess is the compensation for lost wages. This is one of the reasons it’s so important to keep records of work missed due to the injury as well as how much is typically made each week. In addition to being reimbursed for wages that are lost, some plaintiffs will seek compensation for lost earning potential if they are no longer able to continue doing work that is similar to what they did in the past.
Pain and suffering generally refers to general damages sought as a result of the accident and resulting injuries. Pain and suffering can include physical pain and mental anguish. Even serious psychological distress may be included in this. Because pain and suffering is considered a subjective element to the recovery amount, the compensation that is awarded for this can vary from case to case.
One more possible avenue of compensation in a personal injury case is for punitive damages. Although less common, punitive damages may be awarded if the defendant acted maliciously. The goal of punitive damages is to punish the defendant and discourage them from acting in a way that is similarly reckless in the future.
How to Choose the Best Personal Injury Lawyer
When considering a personal injury case, it is essential to select the right PI lawyer for your needs. There are several factors to weigh when choosing the professional to represent your interests. First, start by looking at their qualifications and whether they are licensed and experienced in the area of personal injury suits you need help with. Ask how long they have been practicing and if they can provide client testimonials or references .
Find a personal injury attorney who has successful experience with cases similar to yours. While this is not as important as the other areas, as you may be dealing with an attorney who recently graduated from an accredited law school and is on their first few years of practice. But it gives you a good idea of how the attorney practices. Consider hiring a firm that can provide a team of highly qualified and experienced attorneys working together to get you the compensation you deserve.