A personal injury accident occurs when a person suffers some type of harm or injury because of another person’s carelessness or disregard. After an accident, an injured person can file a personal injury claim against the responsible party and use the civil court proceeding in order to collect compensatory damages for their injuries.
It is important to note that personal injury law is distinctive from criminal law. When a person files a personal injury lawsuit, it is a lawsuit that is filed in civil court. Criminal actions may be filed separately if the incident which led to the personal injury was criminal in nature.
Personal injury actions may fall into one of three categories, each of which have separate sets of elements that must be shown in order for the plaintiff to be successful in their legal claim. These categories include:
There are many different types of events which may result in personal injury. The most common types of accidents include the following:
- Auto accidents;
- Construction accidents;
- Premises liability;
- Slip and fall accidents; and
- Wrongful death.
A personal injury can damage the plaintiff’s emotional health, physical health, or both. Mental health issues include emotional pain and anguish which is sustained by the accident, such as PTSD. A physical injury can include an injury to the plaintiff’s organs, limbs, or other parts of their body. The injury sustained by the plaintiff need not manifest immediately, as some injuries develop over time.
Personal injuries can occur intentionally, such as when a defendant deliberately injures a plaintiff. Another instance would be where the defendant intends to commit an act which results in injury to the plaintiff. However, personal injuries may also occur unintentionally.
If an unintentional injury is the result of the defendant’s negligence, the plaintiff can file a civil lawsuit based on that negligent behavior. Negligence cases most commonly include:
What Is A Hip Injury Legal Claim?
For medical terminology purposes, the area where the thigh bone meets the pelvis bone is called the hip. It is a ball-and-socket joint that is generally difficult to damage when it is healthy. However, running, playing sports, or falling can result in hip injuries. Some of the most common types of hip injuries include:
- Fracture;
- Strain;
- Dislocation;
- Bursitis; and
- Wearing down of cartilage or other areas.
These injuries can occur in several ways, including:
- Using a defective product;
- Being hit by someone; and/or
- By slipping and falling.
Hip injuries can also occur in automobile accidents and workplace accidents, among other settings.
Hip implant or hip replacement devices can help people with damaged or injured hips. However, when the device is defective, it can cause a hip injury. A defective product is a product that is placed by its manufacturer on the market that is defective in its design, manufacturing, and/or marketing. These types of hip injuries may include:
- Improper alignment of joints;
- Erosion of parts;
- Metal entering the person’s bloodstream; and/or
- Interference with blood flow to muscles.
These types of injuries can be especially serious, and often require the removal and/or replacement of the defective hip product.
A slip and fall accident can also result in hip injuries. A person who is injured because of someone else’s negligence, such as a slippery or damaged floor, can sue in order to recover damages from the hip injury. A negligence dispute requires a plaintiff to prove the following elements in order to win:
- Duty, meaning the defendant owed the plaintiff a duty of care;
- Breach of duty, meaning the defendant failed to uphold their duty of care to the plaintiff;
- Causation, meaning that it was this breach of duty that actually caused the injury; and
- Damages, meaning that actual injury or damage resulted from the breach of duty.
An example of this would be how a plaintiff who slipped and fell in a grocery store must show that the grocery store owed them a duty of care to prevent the conditions that created the slip and fall. They must also prove that the store breached this duty of care, such as by failing to clean up a spill. They would also need to prove that the grocery store’s negligence is what caused the accident.
The last element requires the plaintiff to prove that the accident led to their medical bills, pain and suffering, and/or wage loss because of their hip injury. A person can also sue if their hip injury resulted from intentional tort, such as battery. Similar to defective product and negligence theories, a plaintiff must prove elements of the tort in order to win.
Are There Any Legal Remedies For Hip Injury Claims?
Remedies for hip injury legal claims will generally mirror those associated with legal remedies for injury accidents in general.
To reiterate, a personal injury claim is a legal action in which a person has suffered physical, mental, and/or emotional injuries or property damages, generally from some type of accident. If the plaintiff files a lawsuit, they will generally request some form of financial compensation from the defendant. These damages are called compensatory damages, because they compensate the plaintiff for the injuries which they suffered.
Compensatory damages are generally awarded in order to restore a plaintiff, or injured party, to the position that they were in prior to the harm or loss occurring. Once again, compensatory damages are awarded in cases in which an injury or loss has occurred.
In general, there are two types of compensatory damages: special damages and general damages. Special damages are those which are intended to restore the plaintiff to the position they were in prior to the injury, and generally include damages which can be calculated such as:
- Medical expenses;
- Property damage;
- Loss of wages or earnings; and/or
- Other quantifiable losses.
General damages are awarded for those losses that are not easily calculated. This may include losses such as:
In order for a plaintiff to receive compensatory damages, they must prove the aforementioned elements of their claim. They will be required to show that a loss has in fact occurred, and that the loss was caused by the defendant. In other words, the plaintiff must show that the conduct of the defendant is the cause of the loss or injury. Generally speaking, the plaintiff’s loss is caused by the defendant’s negligence. A common example of this would be when a defendant is negligent while driving and causes an accident which injures the plaintiff.
Some examples of various forms of evidence which may be used to support the plaintiff’s claim include:
- Statements from any witnesses;
- Photos or videos which are associated with the incident;
- Documents including medical bills and police records;
- Physical evidence, such as broken glass or dents; and
- Any other items or evidence to help the court calculate damages.
What Else Should I Know About Compensatory Damages?
When calculating the amount of compensatory damages to be awarded, the court will generally consider a wide range of factors associated with the case. This includes:
- The background of the victim, including their age;
- The type of injury, as well as the extent of that injury;
- Any costs associated with treatment or rehabilitation for the plaintiff;
- Any differences or losses in the plaintiff’s ability to earn wages before and after the incident;
- Any actual loss of income;
- Whether any property damage resulted from the incident; and
- Other ways in which the incident impacted the victim’s quality of life.
It is important to note that there may be certain circumstances in which a plaintiff’s damages award can be reduced or limited. An example of this would be how if the plaintiff contributed to their own injury, it may reduce their damages according to contributory negligence laws.
Should I Contact A Lawyer For Hip Injury Legal Claims?
If you have a hip injury legal claim, you should contact a personal injury attorney. They can help you understand your legal rights and options according to your state’s laws. Additionally, an attorney will assist you in filing a lawsuit against the appropriate parties, and represent you in court as needed.
