Thursday, November 19, 2009

What Scenarios Can Lead to Personal Injury Claims?

It is very easy to limit the scope of what constitutes personal injury and the remedies that are available to an injured individual. Most think that personal injury only includes actual physical harm done to a person's body, but in fact the scope of personal injury law is much broader then simply physical harm. Yes, most personal injury lawsuits do involve physical injury to a person or persons, but they can also involve emotional pain and suffering, damage to one's reputation, and financial injury as well.

For instance a personal injury lawsuit can contain a nuisance tort, which alleges that an injured party was denied the enjoyable use of their land or property. Say you bought a house and shortly afterwards a cattle ranch went in down the street that created a constant, unpleasant odor. This could not only be a hazard but certainly may interfere with the use and enjoyment of your property. This could be an example of a situation warranting a personal injury lawsuit.

Another example of a personal injury lawsuit would be a suit seeking damages based on product liability. For instance you bought a new dishwasher that had a leak in the bottom, which over time rotted the wood on your kitchen floor. This would be an example of financial injury caused by product defect and compensation could be sought through a personal injury lawsuit.

In the case of defamation the injury suffered to a person is intangible, unlike an actual physical injury, but nonetheless an injury that can be the subject of a personal injury lawsuit. If someone or some entity publicized a false statement about a person the written defamation could be used as the basis of a personal injury lawsuit. Also the statement that is used to harm one's reputation doesn't have to be in writing either. In the case of oral defamation or slander the damage can be just as severe with compensation awarded through a personal injury lawsuit to remedy the damage done to one's reputation.

About the Author

Obtaining legal assistance is critical if you or a loved one has suffered an injury due to the negligence of another party. In cases involving elder abuse, medical malpractice, product liability, and other situations, attorneys can help individuals and families protect their rights.

Article Source:- GoArticle

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