Is Personal Injury the Same As Negligence?

The legal process for a personal injury case is complex and requires a skilled personal injury attorney. Whether the alleged negligence or intent is proven, strict liability makes the defendant liable for any damage or injury caused by his or her actions. In some circumstances, negligence may also include Contributory negligence or Vicarious liability.

Is personal injury the same as negligence?

Contributory negligence

Contributory negligence in personal injury law is the concept that an individual bears some of the responsibility for his or her injuries. It means that an individual has a duty to act reasonably and is thus partly at fault if he or she fails to comply with that duty. A typical example of contributory negligence is when a driver hits a pedestrian. The pedestrian did not look both ways for traffic before crossing and failed to heed a warning sign.

Contributory negligence is a defense to negligence claims and can limit the amount of compensation that a plaintiff is awarded for his or her injuries. The plaintiff may be unable to collect damages from the defendant if he or she is at least 51% at fault in the accident. However, even if the plaintiff was only slightly at fault in the accident, she may still be able to collect damages from the other party.

Strict liability

Strict liability is a legal doctrine that holds a person or business responsible for personal injuries caused by its negligence. Generally, strict liability is reserved in product liability cases. However, in some instances, strict liability applies to ultra-hazardous activities, such as those involving dangerous substances. Such activities do not normally occur in the community, but they pose a significant risk of causing personal injury.

In certain cases, strict liability is used to reduce litigation costs. Unlike negligence claims, a strict liability claim does not require proof of negligence or a causal connection between the product and the injury.

Vicarious liability

Vicarious liability is a secondary indirect form of liability that may be imposed on an individual or company. Unlike direct liability, vicarious liability does not require the third party to be present at the accident or to be directly involved in the negligent or reckless action. The liability arises as a result of the negligent or reckless actions of a principal.

Vicarious liability is a legal concept that is important to understand in case of a personal injury or negligence. It is based on the concept of taking someone else’s place and experiencing their actions in place of your own. Vicarious liability arises in many different circumstances and involves situations in which someone has a legal relationship with the person who was injured, but is not directly responsible for that party’s actions.

Intentional wrongdoing

Intentional wrongdoing and personal injuries can be caused by a variety of circumstances. The majority of cases involve a person’s negligence. However, some cases involve intentional torts. For example, a murderer who acted with reckless disregard for the life of another can be liable for the victim’s wrongful death.

Intentional torts are actions that are not based on breach of contract but on a breach of a duty to another person. They involve negligent or intentional wrongdoing, which can result in physical or financial injury to another person. Intentional torts can be difficult to prove because you must show that the defendant knew he would cause harm to the victim. Intentional torts also require a plaintiff to prove the other person acted without caution.


What is the job of a personal injury attorney?

Most personal injury cases begin with a claim to an insurance company. Depending on the degree of your accident, this could involve personal injury protection insurance, better known as PIP.

An injury attorney is able to investigate your accident, determine the parties responsible or involved, initiate the appropriate process for lawsuits and other routine negotiations.

Working with an attorney from a professional firm provides you and your loved ones with a legal personality who can speak on her behalf in court.

Additionally, a lawyer is essential to avoid pressure from insurance, and it is much easier to reach an agreement, and thus obtain the maximum amount of compensation.

Types of accidents that are considered personal injuries

The accidents that we presented below are considered personal injuries to an attorney for car accidents, however, this does not mean that they are the only ones to enter the list.

Construction accidents

A lawyer has the responsibility to help you if you have suffered a (work) accident due to working conditions with low safety standards. These types of cases include: injuries from heavy machinery, falls, accidents with biochemical material, and other illnesses caused by contact with harmful materials.

Medical negligence

One of the most severe and important personal injury cases, medical malpractice centers on errors caused by the negligence of a healthcare provider.

General physicians, nurses, surgical personnel in the wrong place, misdiagnoses made as well as failed procedures are involved in medical malpractice.

Auto or motor vehicle accidents

This category includes cars, bus, truck, motorcycle, 18-wheeler, and many others. Similarly, these are accidents with vehicles and cyclists or pedestrians.

Property responsibility

These are liability cases through which compensation is sought for accidents that directly affect the property of a third party, thanks to the failure to take appropriate security measures or due to property maintenance problems.

For example: dog or other animal bites, slips and falls, industrial safety negligence cases, and swimming pool accidents.

Personal injury lawsuit

Personal injuries are those damages or injuries that are caused to another individual, as the result of a physical assault and through which the victim’s health may be affected.

Before any lawsuit, the injury attorney of your choice should be able to meet with you and hear your side of the story.

The purpose of the meeting with your attorney is to request documentation to determine if the plaintiff actually has the legal motive to sue in accordance with state law in relation to personal injury pursuing a claim.

All stages of a lawsuit are important in determining whether a defendant is 100% responsible for the victim’s injuries (there are cases where the opposite can happen).

An experienced attorney will represent each party at every stage of the case and will be available to answer any of your questions or clear up your concerns.

Major stages of a personal injury lawsuit

In the event that the victim has strong reasons to sue, the claim process must go through a series of specific conditions in order to be successful. Now, the important stages of a lawsuit are as follows:

Writings of the claim

Any personal injury lawsuit begins once the plaintiff files a statement of claim with a judge. The statement of claim must explain why a third person is being sued and what the remedy or compensation is sought with said action.


After the previous briefs have been made, the parties involved in the accident now move on to the discovery phase. This is the formal process by which the plaintiff (victim) collects the corresponding data to prove the case, while the defendant gathers information to defend himself.

The stages that follow also have their order of relevance, but not as decisive as gathering the information to support a case and knowing the amount that can be obtained, through the advice of a personal injury lawyer.

However, they are necessary for the successful completion of any claim process.

  • Pretrial motions
  • Conferences / talks to reach an agreement
  • Judgment
  • Verdict
  • Appeals




Workplace accidents are common occurrences although the severity varies based on the nature of the job and the circumstances surrounding the incident. Cuts, scrapes, bumps, and falls are likely to happen to anyone anywhere. Workplace accidents, however, are particularly concerning and not taken lightly because they are usually avoidable. Workplace ergonomics requires that work environments and spaces should comply with health and safety standards. However, the negligent behavior of companies and even colleagues can create a hazardous working environment and endanger the safety and wellbeing of employees.

If an employee is involved in an accident and sustains an injury in the workplace, certain steps are legally necessary to be taken to successfully file a compensation claim.

Document And Report the Incident.

This is a very important step and if possible, it should be done in that order and as soon as possible. Take pictures of the accident scene from different angles to get a panoramic glimpse of what the setting was like and the possible cause of the accident. Witness statements can and should be taken down. if one can access surveillance footage, it should also be done quickly. Thoroughly documenting the accident will protect the integrity of the scene and the victim’s claims and also ensure that nothing is tampered with. This is a very likely scenario as most companies will do everything to avoid liability. Also, most work accident policies require that the supervisor and or manager should be notified of the accident within 30 days of its occurrence. If the victim intends to file a claim, this should be done within the time frame as failure to do so will negate eligibility for benefits and compensation.

Seek Immediate Medical Attention.

The victim should also seek medical attention as soon as possible for two main reasons. First, to get treated for injuries. The severity of the injury sustained should not be underestimated. A medical professional must evaluate the injuries and treat them accordingly to prevent the possibility of further compromise. The second reason to seek medical attention is to get a professional medical report. This is important when seeking compensation as the medical report will help support the victim’s injury claims and prove the extent of the injury sustained. In a personal injury claim, the absence of a medical report can render the claim void.

Call A Personal Injury Attorney.

The next and most logical step is to call a personal injury lawyer. For the best personal injury attorneys Lafayette in Indiana offers legal practitioners who specialize in different personal injury niches. After getting medical attention, documenting the accident, and reporting to the appropriate authorities, an attorney should be contacted to carry on from there. Indeed, calling the attorney from the very beginning is also a good idea. This ensures that the victim is not overwhelmed by the complexities of personal injury cases. Having an attorney to simplify and deftly navigate their way around the legal system will greatly improve the chances of being favorably compensated.


It is important to understand the necessary actions that can be the difference between winning and losing a workplace personal injury claim. These few vital prompts will help a victim or victims stay one step ahead in their quest for justice after injury.

Understanding Car Accident Claims And Whiplash

Certainly there are an enormous number of car accidents on the road every day, and inevitably in a large proportion of those either the driver or passenger is injured. Although some of these injuries are minor cuts and bruises which won’t take long to heal, in some cases the injuries can be much more severe. In these cases an accident claim is often the best way of making sure that you can cope with the immediate uncertain future.

One of the most common injuries sustained when involved in a car accident is whiplash. A whiplash injury is caused when a vehicle behind you crashes into the back of your vehicle, pushing your vehicle forwards. Because of inertia, your head is thrown backwards against the headrest, and then rebounds forwards, possibly into an airbag.

But although an airbag can help to protect your face and skull from injury against either the steering wheel or the dashboard, this flexing of the neck backwards and then forwards very quickly is what causes a whiplash.

The symptoms themselves might not appear for several hours or even a day or two, but when they do they can often be very severe and long-lasting. Restricted movement or pain in the neck area is only one of the many symptoms caused by whiplash.

Other symptoms can involve headaches, nausea, memory loss, confusion, depression, vomiting, backache and even blurred vision. Clearly with any of these symptoms it is unlikely that the person will be able to drive, nor will they be able to work. The symptoms may last for a matter of days, weeks or even months. In a few very unfortunate cases whiplash can remain virtually permanently.

Whether you were a driver or passenger involved in a road accident probably one of the last things on your mind will be contacting a solicitor and making a claim. Indeed it is highly probable that the people who do think of this straightaway are those who end up giving a bad name to compensation.

For most people the immediate concern will be for their own health and welfare, and those of their passengers. It is important therefore to make sure that immediately after an accident medical attention is obtained.

It is also important to make sure that all details are recorded, including the registration numbers and details of other vehicles involved, the name and insurance company of the driver of any other vehicle, and details of any witnesses.

Once you have received the initial medical attention is then that you will be best advised contacting a personal injury solicitor and discussing your road accident claim.

Car Accident Lawyer Help After a Collision

Nearly everyone is driving in today’s day and age and with more automobiles on the road there are naturally more collisions. The risk of serious injury or death in this sort of situation is incredibly high because there is so much speed combined with broken glass and twisted metal that the risk for damage to one’s person is significant. For those who have suffered the unpleasant experience of colliding with another vehicle, regardless of whose fault it was, it is necessary to retain the services of a qualified car accident attorney.

The cost of replacing or repairing an automobile after a collision is often in the several thousands of dollars. If you were hit by another person, even if they did not do anything negligent, you need the help of a car accident attorney to be assured that insurance and the other driver offer complete compensation for the damage and for any bills you may have accrued. With a lawyer it is even possible to gain compensation for lost wages and future lost income in addition to pain and suffering remuneration.

This last part is where most people end up suffering the most from the consequences of a collision. Insurance will often pay for the vehicle and the medical bills but it is the loss of wages that ends up causing the most problems. That is because in some instances after an injury there is significant recovery time during which a person may be incapable of performing the functions of their job. In fact, for many people it becomes impossible to return to the field in which they were once employed and that means they have to take a position in another industry, possibly at a lower wage. If this happens a good car accident attorney can often fight to get the responsible party to pay the difference or pay for a person’s disability.

The best time to retain a car accident attorney is immediately after the incident. Of course, one should go to the hospital and be examined and treated first but then the sooner that representation is secured the better. These lawyers will know what sort of documentation needs to happen to ensure that all medical bills are paid and they also know that it is necessary to do some research and compile a strong case to support the injured parties story of events. They know that the way one wins sufficient money and restitution is by having plenty of facts that support their case and their claim to serious injury.

Without a car accident attorney it is possible that a victim may not receive sufficient repayment for their bills and their damage. It is also likely that at the insurance company and the responsible party will negotiate out of paying for lost wages. In order to avoid this it is always best to consult with a lawyer and see what can be done to ensure one’s rights are protected.

Been Injured? Get Injury Compensation Advice Straight Away!

Do you know what to do when you have suffered an injury at work, on the road or in a public place?

There are correct procedures to follow and different laws in each State and Territory. Your actions can have a serious impact on your entitlement to injury compensation.

The quickest and most important action is to contact an injury advice line. An independent organisation offering injury advice will take you through the steps you need to follow.

Strict time limits apply so make contact straight away or you may miss out on legal compensation.

Getting injury advice from an injury advice line may put you in a better position and save you from jeopardising any of your rights to injury compensation.

Strict time limits apply in all parts of Australia, so get injury compensation advice straight away after your work accident or car accident.

You may benefit from speaking with an accident injury attorney. At an Accident Injury Compensation Helpline you can be connected with an accident injury attorney. Accident injury attorneys are hand-selected and approved by the Injury Helpline.

Selected Accident injury attorneys, qualify for a number of reasons:

They offer free legal advice and a free consultation

  • Lawyers will act on a ‘no win no fee’ basis if your case qualifies
  • Lawyers are work claim and road accident claim injury experts
  • Lawyers are experienced legal specialists in your State or Territory
  • Lawyers have a high success rate and excellent negotiation skills
  • Lawyers care for their clients and will treat you fairly and charge reasonably
  • Lawyers are in a good position to support your claim and offer you a personal service

If you have a permanent injury and one that involved another party (or parties) acting in a ‘negligent’ manner, you may require representation by an accident injury attorney.

An accident injury attorney can fight for your rights to maximise your compensation claim payment.

Your rights and entitlements will be based upon the laws of the particular State or Territory in which your accident occurred. There may be thresholds which affect your rights.

Remember strict time limits apply across Australia. Contact an injury advice line as soon as possible. One call may make a big difference to the outcome of your accident injury claim.

You are entitled to injury compensation by law. It is very important you make yourself aware of your legal rights to compensation by seeking injury advice. Your legal entitlements will depend on where your injury happened and the specific circumstances of your injury.

What You Need to Know About Premises Liability Law

Outdoor places like supermarkets and amusement parks have their inherent risks by nature. In any event that there is a potential risk associated with one’s property, whether the place is business or residential, the owner of that property can become legally liable in case a person gets injured on the property. Under the premises liability law, the owners of properties have a legal obligation to keep their property safe for visitors.

In any event that an accident like slip and fall takes place on any legal property, there is a high chance for the injured victim to claim premises liability and make the property owner legally responsible for the accident. Take note that there are virtually no place exempt from the legal responsibilities of property owners to ensuring safe conditions for visitors to their places. Owners of public sidewalks, to supermarkets, to government owned buildings, and everything in between are held responsible for maintaining a safe environment for visitors.

The nature of the accident and the severity of the injuries are both assessed when there is a claim for premises liability. The severity of the injury and the conditions of the property should be established before a case is decided upon within a ruling court.

The most common examples of premises liability cases include injuries in a retail establishment, dog bites, and injuries in water parks, parking lots, airports, and amusement parks. In some cases such accidents are purely accidental in nature. In most cases, however, these accidents could be avoided if proper precautions were taken by property owners.

The outcome of an accident is devastating. It could result in catastrophic injuries. For instance, a slip and fall accident in a public place can result in traumatic brain injuries if the head hits a hard surface due to a slippery or wet floor. On the other hand, at amusement parks, people may ride and fall to their death.

Private properties are no less than safer than public properties. For example at a private residence, a small child can drown if he or she is left unattended in a swimming pool, or people can be viciously attacked by a dog. A teenage girl could be molested or stabbed to death in a dark pathway, which constitutes “negligent security”. All these examples fall under premises liability law.

In any event that you or a loved one becomes a victim of such accident, it is very important to seek legal damages. You must talk to an accident lawyer may advice you what to do.

Choosing An Accident Claim Lawyer For Post-Traumatic Stress Disorder

Have you recently been involved in an accident that not only caused you pain and injury but has also put you through a large amount of post-traumatic stress? Post-traumatic stress disorder is a condition that often occurs in people who have been through a tragic ordeal, such as an extreme car accident, involvement in a war, physical abuse or other instances where you can be both physically and emotionally scarred. As you are trying to find an accident claim lawyer to represent you in your personal injury case, it is recommended that you find an accident claim lawyer who is familiar with post-traumatic stress disorder as well.

Since we all have a different emotional makeup, it is difficult to tell at first if a person will be affected by PTSD after an injury. But as time goes on the injured person will begin showing signs of the disorder if they do indeed suffer from it. Some of these symptoms may include…

• Disturbing recollection of the traumatic events which leads to distress

• Reoccurring dreams or nightmares about the event

• Feeling like the event is occurring over and over again

• Psychological distress when faced with other instances that are reminiscent of the accident

• Detachment from friends and family (depression and anxiety may set in)

• Avoiding activities or going to places that may trigger unwanted thoughts about the event

Fortunately, there is some good news if you find that you are struggling with this condition. You can seek psychological help so that you can get back to your old self once again. Also, you can find an accident claim lawyer in your area that specialises in cases that involve PTSD to help you gain more compensation for your claim. Choosing the right accident claim lawyer to assist you in your case will help to determine whether or not you will receive additional compensation for PTSD.

If you would like to include your post-traumatic stress condition in your case, it is recommended that you go with a solicitor who has plenty of experience working on cases involving post-traumatic stress disorder. When working with this type of accident claim lawyer, it is very important that you give them all of the details about the accident itself as well as what you are going through both physically and mentally. If you are already seeing a psychologist and have been diagnosed with PTSD, then ask for a copy of your records so that you may allow your accident claim lawyer to use them in your case. Although it may be difficult, it is vital that you are completely honest with your accident claim lawyer so that they can get you all of the financial compensation possible by using the details and medical proof you provide them with.

As previously mentioned, it is best to locate an accident claim lawyer who has several years of experience working with post-traumatic stress disorder cases – but why? Well, they will know more about how the system works when it comes to getting around any problem areas and providing you with the results you deserve than a new accident claim lawyer who has not dealt with PTSD cases. Choose the accident claim lawyer that you feel most comfortable speaking with since you will have to discuss the details of your experiences with them. The more that you are able to share with them about your PTSD, the better off you will be in the end.

Three Things to Look for When Hiring a Personal Injury Lawyer

If you have been seriously injured and are looking to hire a law firm or an individual lawyer to get you the compensation you desire then there are some very important things you need to consider. I will cover the three we feel are the most important.

Just Any Lawyer Won’t Due

Don’t just call any lawyer; you need one who specializes in personal injury cases. Personal injury is a very particular area of law and when the stakes are so high, you want an expert in that area to represent you!

These lawyers know how the insurance industry works and how to get results. There is a lot more involved here than just getting money. A good injury lawyer will know how and where to access the various community services that will be big part on your road back to health.

I know this sounds rather “tired” but you want to ask for referrals from people they have represented in the past. Ask them for client referrals. Check them out on Google; you may be surprised by what you might find. It’s always best to interview at least to different lawyers / law firms before you make a decision.

What is Their Track Record?

Are they successful in getting their clients the help and money they are entitled too? What you want to know is what have been the amounts they have gotten for others in a similar circumstance. Just because, in most cases, the law firm will get a percentage of the final settlement that does not always mean the get the maximum amount possible. Maybe they settled out of court quickly just to make a fast buck.

Most of these cases are settled out of court but you still need to educate yourself as to what is fair and what is not. Because the recovery can span months or even years or maybe not at all, don’t settle just because you are advised to. Do your homework.

Good Communication!

Communication is a very important part of the process. Ask how and how often you will be updated and from whom. In personal injury cases there is an “immediate need” for information because there is pain and suffering and time is of the essence. You don’t want to be sitting around not knowing what is going on with your file. There is tremendous emotional stress attached to the physical injury and good communication is essential to your mental health and you’re over all recovery.

What Is Negligence And How Does It Apply To Personal Injury Law?

In personal injury law, the term negligence is used to indicate that someone failed to exercise the proper care in a particular situation. When used as a legal term, the word negligence had a particular definition with specific elements. In order for an injured party to collect damages from the negligent party, they must establish proof of each element.

When determining negligence, the first element that must be established is a Duty of Care. The injured party must show that the other party had a legal duty to exercise a level of care under the circumstances. For instance, in car accident cases, all drivers are charged with the duty to obey traffic laws. In addition, they have a general duty to keep a proper lookout and not intentionally cause an accident. For instance, if a driver sees a potential hazard, they may not ignore the hazard just because the law indicates they have right of way. If a driver is on a highway approaching a green light, they have the duty to not plow into vehicle stalled in an intersection.

The second element of negligence is to determine whether there was a Breach of Duty. Once a legal duty of care has been established, a plaintiff must show that the defendant failed to honor that duty. Generally, this is proved by showing the defendant knew, or should have known, that their actions would have resulted in the consequences that followed. In car accident cases, a driver knows, or should know, that following another care too closely might result in a rear end collision. Thus, if that driver fails to keep a proper distance from the car they are following crashes into it, they have breached their duty to maintain a safe following distance.

An injured party must next establish that the breach of a legal duty of care was the Cause of their injuries. Keeping with the car accident example, a plaintiff would have to show their particular injury, e.g., whiplash, was caused because the defendant ran a red light and crashed into their car. In some instances, a particular injury or ailment may be attributable to several negligent acts. In a famous case in 1902, two campfires were left burning which led a forest fire and to the plaintiff’s house being burned down. The case decided that both defendants’ negligent actions equally caused the plaintiff’s losses.

Finally, the plaintiff must establish a real injury or Harm for which he is legally entitled to collect damages. Most cases involving physical injury or harm are actionable. Some cases where there is emotional harm only there is no right to compensation. A parent whose child is injured in a car accident cannot make a claim for emotional damage based on them having to cope with the horror of their child’s injury.

Once the plaintiff has met their burden of establishing negligence based on the four factors above, they may collect damages. Damages are generally classified as special, general or punitive. Special damages are those that are quantifiable, such as medical bills, loss of earnings, damaged property. General damages are those that are intangible such as pain and suffering, loss of quality of life, loss of consortium. Punitive damages are those meant to punish the plaintiff for their actions, for instance injuries resulting from a drunk driver.

The general definition is fairly standard in all jurisdictions; however, some areas apply it differently depending on the circumstances. Be sure to consult with a personal injury lawyer if you think you have been the victim of someone else’s negligence.

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