Personal injury law is the type of law that handles civil claims for damages when one party believes they have suffered some type of loss, such as the loss of health or income, as the result of another party’s negligence or wrongdoing. Because a personal injury can theoretically arise in almost any situation in which one party’s wrongful action or failure to act results in harm to someone else, this type of law covers a wide variety of cases. A Missouri personal injury lawyer may handle all types of personal injury cases, or they may focus more narrowly on a specific subset, such as auto accidents or product liability claims. To learn more about how personal injury law provides individuals and organizations who have experienced damages with a legal path for seeking compensation, consider contacting Steelman Gaunt Crowley and scheduling a consultation with a Missouri personal injury lawyer to discuss your case. Call (573) 341-8336 to speak with a member of our team today.
What Is the Law of Personal Injuries?
For many people, the word injury conjures up images of bodily harm. Bodily harm is indeed a type of injury anyone may suffer, but in legal terms, an injury is any form of harm suffered. A personal injury is not a harm someone takes personally, but rather a harm that is suffered by a legal person.
Legal Person vs. Natural Person
To most English speakers, most of the time, a “person” is an individual human. “Person” in this sense is distinct from “people,” and emphasizes the discreteness of the single entity. Some people might also understand a person in contradistinction to non-human animals or machine intelligence, while others would question the validity of either exclusion.
In jurisprudence, as opposed to philosophy, the kind of person English speakers usually think of as the singular of “people” and sometimes contrast with animals or machines is known as a “natural person.” The term “natural person” is necessary in order to accommodate the concept of a “legal person.” Legal personhood, in turn, is the framework that allows organizations – like businesses – to engage in such activities as buying and selling property, taking part in contracts, and filing suits in court or being named as defendants in others’ legal filings, according to Cornell Law School’s Legal Information Institute.
Implications of Legal Personhood for Personal Injury Plaintiffs and Defendants
In most personal injury cases, the plaintiff is either a natural person or, sometimes, a group of natural persons (in which case the natural persons become “co-plaintiffs”). Sometimes the defendant is also a single, natural person, or a group of natural persons (in which case these would be known as “co-defendants”). Often, however, a personal injury lawsuit will name a legal entity as defendant, or as one of several co-defendants.
The concept of legal personhood can be especially important in personal injury cases because it means that a (natural) person who has suffered damages can file a claim to recover compensation for their damages, even if there is no specific individual human, or clearly identifiable roster of natural persons, whose actions or failures to act can be shown to have directly caused the plaintiff’s injuries. In cases involving defective products, for instance, it may be difficult or even impossible to identify all of the individual, “natural” persons who took part in the design, manufacture, and distribution of the defective product – but the legal entity of the company that produced the item can still be held responsible in a court of law.
What Is a Personal Injury Lawyer?
A personal injury lawyer is an attorney who practices in the area of personal injury law. Although attorneys working as counsel for the defense will work with the same laws, regulations, and Rules of Civil Procedure as plaintiffs’ attorneys, in general an attorney who considers himself or herself a “personal injury lawyer” is most likely to build their practice on helping injured parties seek damages in personal injury cases.
When attorneys work in the same legal territory on behalf of defendants, the practice area is more often known as personal injury litigation and civil trial. The “litigation” and “civil trial” distinctions help to underscore two crucial points that are essential for personal injury victims to understand:
- Not all personal injury cases proceed to litigation. Often a personal injury lawyer will seek to settle a client’s case out of court by securing an advantageous settlement from the party responsible for the damages, either directly or through negotiations with the responsible party’s insurance company. In many cases, such settlements can ensure that a personal injury lawyer’s client receives fair compensation to cover the costs of medical care, repairs or replacements for personal property, and a variety of other expenses, more quickly than the matter could be resolved through court proceedings.
- While not all personal injury cases proceed to litigation, all personal injury cases fall under the broad heading of civil torts. Personal injury cases are therefore distinct from criminal law, under which charges are brought by state or federal prosecutors (there are no plaintiffs, as such, in criminal cases) – as well as from family law, although in some states family courts will follow the same general rules of procedure as those involved in civil trials.
An experienced Missouri personal injury lawyer with Steelman Gaunt Crowley may be able to review your situation and help you determine whether negotiation, rather than litigation, may offer the optimal path toward resolution of your tort claim.
Personal Injury Negligence
Personal injury cases belong to the general area of tort law, which according to the American Bar Association is defined by the two main issues of liability and damages. In order to win a client’s case in court, a personal injury lawyer will need to show that the defendant named in the suit is liable – that is, legally responsible – for the damages the plaintiff has incurred, and present a compelling case for a monetary amount that would fairly compensate the plaintiff for those damages. The American Bar Association explains that a personal injury lawsuit may be filed on the basis of strict liability or intentional wrong – but the most common basis for personal injury lawsuits is negligence.
Work With a Missouri Personal Injury Lawyer
If you have suffered damages as the result of another party’s wrongdoing, or because of another party’s failure to take appropriate action, you may be legally entitled to seek compensation. Consider consulting with an experienced Missouri personal injury lawyer to discuss your situation and review your legal options. Residents of Missouri can schedule a free case evaluation with a member of the Steelman Gaunt Crowley personal injury team by calling (573) 341-8336.
