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What is Personal Injury?
Personal injuries are physical injuries an individual incurs rather than property or reputational damage. Personal injury law, also known as tort law, is based on the idea that an injured person can bring a lawsuit against a defendant when their injuries have been caused the negligence of another. Damages may include physical injury and emotional distress.
Types of claims an Oregon personal injury attorney may handle include:
- Car accidents
- Semi-truck accidents
- Airplane accidents
- Boating accidents
- Dangerous drugs
- Defective medical devices
- Dog bite injuries
- Traumatic brain and head injuries
In order for a party to be held liable for injuries so that damages can be awarded, several things must be proven to have occurred: (1) the defendant or party had a duty to act reasonably, (2) the party breached that duty, (3) the breach of duty caused harm, and (4) the injured party suffered monetary damages due to the harm inflicted
Types of Compensation
In personal injury cases, people who have suffered an injury as a result of another party’s negligence may be able to seek compensation or “damages” for their injuries. Two basic types of compensation include compensatory and punitive damages.
Compensatory damages are monetary damages paid to compensate the plaintiff or injured person for their loss, injury or harm. Plaintiffs may receive either general damages, or compensation for pain and suffering, or speculative damages, which includes damages that have yet to occur, but the claimant expects that they will.
Punitive damages are damages awarded to punish a party who committed a wrongful or harmful act. Punitive damages are awarded to deter the defendant and other parties from engaging in similar conduct.
How an Oregon Personal Injury Attorney Can Help
If a victim suffers a personal injury caused by the wrongdoing or negligence of another party, he or she may be entitled to compensation for damages resulting from their injuries, including:
- Medical expenses
- Loss of income or ability to work
- Pain, suffering, and mental anguish resulting from an injury
The families of those who have died may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.
People who have been injured due to another’s negligence are advised to seek the advice of a Oregon personal injury attorney to help them protect their legal rights.