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What Is Personal Injury Law? Personal injury law addresses a variety of types of injuries and losses. This includes bodily injury or emotional distress as well as 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 showing negligence or strict liability, or another theory of fault. Intentional Infliction of Emotional Distress Intentional infliction of emotional distress is a tort that allows victims to seek damages for mental harm caused by another's actions. To win an intentional emotional distress injury claim, the victim must prove that the act was obscene or outrageous. Extreme and outrageous behavior is conduct that is so indecent and indecent that it is considered outside of the bounds of the society's standards of decency. Affronts and insults are accepted as long as they are not excessive or outrageous. If a person's emotional distress is so intense that it requires medical care and treatment, the plaintiff could be able to bring an intentional infliction of emotional distress (IIED) claim. This type of case is used when a defendant causes severe emotional distress to victims in a negligent way. There are many elements that must prove in order to be successful in an IIED claim. The first cases required that the plaintiff's severe emotional distress be apparent in a physical injury, but modern courts allow recovery even when the Plaintiff's emotional distress isn't manifested by an acute, observable injury. An experienced attorney can help determine if you have a case to bring against the defendant in an IIED lawsuit. They can explain the law and assist you collect evidence to prove that the defendant is responsible for your severe emotional distress. You will likely need an expert witness to prove the extent of your emotional distress. Psychiatrists, psychologists, and social workers can give testimony about your symptoms. They may also review your medical records or video surveillance to prove that you were suffering from severe emotional distress. The victim has to prove that the conduct of the defendant was absurd and inhumane. They also need to prove that their emotional distress resulted in significant and long-lasting suffering and pain. This could be mental health issues, headaches, anxiety-related physical symptoms, such as chronic fatigue and digestive problems. Strict Liability Strict liability is a type of personal injury law that is employed when a person is responsible for an accident or injury. Strict liability laws are designed to protect public safety, and make someone legally liable for certain actions without regard to intent or fault. In criminal cases strict liability is typically used to pursue criminals in court for their wrongful acts, while in civil cases, it is often used to compensate victims of personal injuries. Strict liability is different from negligence, which requires proof that a defendant breached their duty of care to the victim and caused an injury to the victim. There are many circumstances that could result in strict liability. These include defective products abnormally dangerous activities and injuries sustained by animals. Defective products: If the product is found to have a defect then you can assert a claim against its manufacturer or the third-party distributor. You may need to prove that the product was defective at the point of purchase or during its manufacturing. You may also make a claim if you were injured as a result of using a product and the defect was evident at the time it was sold to you or given to you. Abnormally dangerous activities: According to tort law, abnormally dangerous activities are those that pose the risk of harm to the victim that cannot be eliminated by normal care and aren't typically performed in the community or under the circumstances. This could be the case with oil drilling and demolition, construction and many other activities. Animal injuries When an animal is susceptible to being vicious, and its owner is aware of the tendency, they can be held liable for any injuries that occur due to the animal. This includes dog bites and other animal injuries that could be very severe. A personal injury lawyer can help determine if you are in an issue that is based on strict liability or negligence, and to pursue the compensation that you need. personal injury attorneys oregon is best to speak to an attorney as soon as possible after you've been injured and especially if the case is based on a strict liability theory. You may be limited in your recovery time due to the statute of limitations. It is important that you speak to an attorney as soon as you can in order to ensure that you submit your claim within the time required to receive the compensation you are entitled to. General Damages General damages are a way to pay a victim for non-economic losses that occur as a result of the injury. These losses are often difficult to calculate as they are based on subjective variables. However when a personal injury attorney can prove that the costs were due to the accident, they may be given to a plaintiff. The amount of these damages will be determined by an expert witness and varies depending on the case. For instance the injured victim could be entitled to compensation for emotional distress and pain and suffering that they have experienced due to their injuries. Someone who is injured could also be entitled to cash for future earnings as well as lost wages. A plaintiff may bring a claim to recover both economic and non-economic general damages. This is also referred to as “pain and suffering” damages. It refers to the mental, emotional physical and mental pain that suffers a person as a result of an accident. Economic damages can be easily determined with receipts and bills to document past and future expenses that result from the accident. These include medical expenses, lost wages, loss of earning capacity, and property damage. A personal injury lawyer can assist a victim to determine the amount of damages they are entitled to using a formula. The multiplier of special damages is generally between 1.5 and 5. The higher the multiplier, the more general damages can be calculated. Then, the plaintiff's economic damages can be added to these damages to get an overall amount for general damages. A skilled personal injury lawyer can be sure that the general damages are fair in proportion to the loss suffered by the victim. Many accidents result in serious injuries that affect their lives for an extended period of time after the accident has occurred. These injuries can have a significant impact on the quality of life of the victim and may hinder their ability to pursue different activities or keep certain plans they had previously. The victim's injuries could be used to pay for items they require to live their regular lives. Special Damages Special damages are a type of compensation awarded to the injured plaintiff in personal injury lawsuits. These types of financial awards reimburse victims for the losses they experienced because of the defendant's negligence, whether in an insurance claim or in court. These awards in cash can be divided into two categories: general damages and special damages. Although special damages can be easily determined, general damages may be difficult to determine due to subjective factors like pain and suffering, loss of consortium as well as emotional trauma. Some victims could be entitled to punitive damages. These damages are intended to penalize the defendant for his wrongful conduct. Punitive damages unlike compensatory damages are not meant to compensate the victim, but to discourage similar actions in the future. In addition to financial damages, special damages may also include medical care, mental health treatments and loss of income. These costs can be difficult to calculate, which is why it is important to keep them in the most precise way you can to demonstrate their value. To find out more about your legal rights, contact a Texas personal injury attorney should you be involved in an accident. A knowledgeable attorney can help you determine the damages and get the compensation you deserve. Many injuries can be painful and can be physically restricting. It is important to seek out the proper treatment. Most often, people must undergo extensive physical therapy and other treatment in order to heal from injuries. Additionally, victims may require medical attention and assistance in managing their symptoms following an accident. This could include therapy, medication, counseling, or other treatments. It is important that you be aware that these expenses can be extremely costly and out-of-pocket expenses. To properly calculate your special damages, it is essential to have proof of these expenses such as receipts or invoices. These numbers can make a huge difference to your settlement or verdict by a jury. It is therefore important to keep all financial records as well as any bills and doctor's notes.