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What Is Personal Injury Law? Personal injury law covers a wide variety of losses and injuries. These include bodily injuries emotional distress, the loss of property rights. In a personal injury lawsuit the plaintiff must show that the defendant's actions resulted in actual harm. This can be done by showing negligence or strict liability, or another theory of fault. Intentional Infliction of Emotional Stress Intentional infliction is a tort which allows people suffering from mental distress to seek compensation for the harm caused by someone else's actions. To win an intentional emotional distress claim the victim must show that the act was egregious and outrageous. Extreme and outrageous behavior is conduct that is so outlandish and indecent that it is outside the boundaries of society's moral standards. Affronts and insults are considered acceptable if they are not outrageous or extreme. If a person's emotional distress is so intense that it requires medical care and treatment, the plaintiff may be able to file an intentional infliction of emotional distress (IIED) claim. This type of claim is often used in cases where the defendant has caused a victim extreme emotional distress in a way that was negligent. As with most civil wrongs there are a variety of factors that must be proven in order for a plaintiff to prevail in their IIED claim. The first cases required that the plaintiff's intense emotional distress should be evident in the form of a physical injury but modern courts allow recovery even when the Plaintiff's emotional pain is not evident in an immediate apparent injury. An experienced attorney can help determine whether you have a case to bring against the defendant in an IIED lawsuit. They can explain the law and help you gather evidence to prove that the defendant caused your extreme emotional distress. It is likely that you will require an expert witness to testify to the extent of your emotional stress. Psychiatrists, psychologists, and social workers can provide testimony regarding your symptoms. They may also review your medical records or video surveillance to show that you suffered from extreme emotional distress. In addition to proving the defendant's conduct was egregious and outrageous, the victim will also need to prove that their emotional distress led to significant permanent pain and suffering. This could include mental health issues such as headaches, anxiety-related physical symptoms, like chronic fatigue and digestive disorders. Strict Liability Strict liability is a type of personal injury law used when a party is liable for an accident or injury. Strict liability laws were created to ensure public safety and make a person legally liable for certain actions without regard to intent or fault. In criminal cases strict liability is used to prosecute criminals who have committed wrongful actions. In civil cases, it is used to compensate victims of personal injury. It is distinct from negligence. It requires the defendant to prove that they have violated their obligation to the victim and caused injury. There are a variety of situations that can result in an obligation to pay. These include defective products, hazardous activities and injuries to animals. Defective products: If a product is found to have a defect you may bring a claim against the manufacturer or a third-party distributor. You may have to show that the product was defective at the moment of purchase or at any moment during its manufacturing. If you have been injured by a product, and the defect was apparent when it was delivered to you or given to you, you can file an action. Abnormally risky activities: In tort law, unusually dangerous activities are those that pose an extremely high risk of harm that is not able to be avoided with normal care and isn't normally performed in the community or under the circumstances. This includes oil drilling and demolition, construction and many other activities. Animal injuries In the event that an animal is known to be prone to being vicious, and the owner is aware of this, they can be held accountable for any injuries that happen because of the animal. This includes dog bites and other animal injuries that could be serious. personal injury attorney connecticut can assist you to determine if you have a case that falls under strict liability or negligence and to seek the compensation you require. If your case is based upon strict liability theories, it's recommended that you consult with an attorney as soon as you've suffered an injury. The statute of limitation can limit your recovery time which is why it is crucial to get in touch with a lawyer as fast as you can so that you're able to submit your claim on time to receive the damages you deserve and need. General Damages General damages are a way to compensate a victim for the non-economic damages that resulted from the accident. These losses are often difficult to calculate since they are based on subjective factors. However it is the case that a personal injury attorney can prove that these expenses were due to the accident, they may be awarded to a plaintiff. An expert witness can determine the amount of the damages and it differs for the specific case. For example an injured victim could be entitled to compensation for emotional distress and pain and suffering that they've suffered due to their injuries. A victim who is injured could also be entitled to money for lost wages and future earnings due to a result of their injuries. There are two main types of general damages that a person may claim that are non-economic and economic. The latter is often referred to “pain and suffering” damages, as it encompasses the physical, mental and emotional pain that a person experiences due to an accident. You can easily calculate the economic damage by using bills and receipts to document the costs of the past and the future resulting from an accident. These include medical expenses, lost wages, loss of earning capacity and property damage. These damages can be determined by an attorney who can assist victims. In general, the damages are multiplied by a figure that ranges from 1.5 to 5. The higher the multiplier, the higher general damages can be calculated. Then, the plaintiff's economic damages can be added to the damages to calculate an total amount for general damages. An experienced personal injury lawyer will ensure that the general damages are fair in proportion to the loss suffered by the victim. A lot of accidents result in serious injuries that impact their lives for a long time after the accident occurs. The injuries could affect the victim's quality of life and could hinder their ability to engage in other pursuits or adhere to the plans they previously had. The amount of damages an individual suffers due to their injuries can be used to help them keep the things they require and want to make their lives as normal as they can. Special Damages Special damages are a form of compensation that is awarded to an plaintiff injured in a personal injury lawsuit. These types of monetary awards are meant to reimburse victims for any losses they suffered as a result due to the negligence of the defendant. These monetary awards are broken into two categories of general and special damages. While special damages are easily estimated, general damages can be difficult to quantify due to subjective factors such as pain and suffering, loss or consortium, and emotional trauma. In addition to a general damage award certain victims are entitled to receive punitive damages that aim to punish the negligent defendant. Contrary to compensatory damages damage is not intended to make the victim whole, but rather to deter future similar behavior. In addition to financial damages, special damages can also include medical care, mental treatment as well as loss of income. These expenses can be challenging to estimate so it is important to record them as precisely as possible to prove their worth. To learn more about your rights under the law to protect yourself, consult a Texas personal injury attorney if you have been in an accident. A skilled attorney can help you determine your damages and receive the compensation you're entitled to. A variety of injuries can be painful and may even be physically restrictive. It is important to seek the right treatment. Because of injuries, many people will need to undergo extensive physical therapy as well as other treatments. Victims might also require mental health care and assistance to manage their injuries after an accident. This could include counseling, medication therapy, or other treatment. It is important that you keep in mind that a lot of these costs can be very costly and out-of-pocket expenses. It is essential to keep documents that prove expenses, such as invoices or receipts, so that you can accurately calculate the specific damage. These numbers can make a huge difference to your settlement or verdict of the jury. As a result, it is imperative to keep all of your financial documents and any doctor's note and bills.