Rauscher & Associates

Injury Law


Personal injury law, also known as tort law, encompasses the legal rules and principles that govern civil claims arising from physical or psychological harm caused by the negligence, intentional acts, or strict liability of another party. Personal injury cases typically involve seeking compensation for the damages suffered by the injured person.

Here are key aspects of personal injury law:

    1. Negligence: The majority of personal injury cases are based on the concept of negligence. To establish negligence, the injured party (plaintiff) must demonstrate that the defendant had a duty of care, breached that duty through their actions or inaction, and as a result, caused the plaintiff’s injury or harm.
    2. Types of Personal Injury Cases: Personal injury law covers a wide range of cases, including but not limited to:
      • Motor Vehicle Accidents: Cases involving car accidents, truck accidents, motorcycle accidents, and pedestrian accidents caused by negligence or reckless behavior.
      • Slip and Fall Accidents: Cases where an individual is injured due to a hazardous condition, such as a wet floor, icy sidewalk, or poorly maintained property.
      • Medical Malpractice: Cases where healthcare professionals or institutions provide substandard care, resulting in harm or injury to patients.
      • Product Liability: Cases where a defective or dangerous product causes harm or injury to a consumer.
      • Workplace Accidents: Cases involving injuries or illnesses suffered in the workplace due to employer negligence or safety violations.
      • Premises Liability: Cases where injuries occur on someone else’s property due to dangerous conditions, such as inadequate security, faulty structures, or lack of maintenance.
    3. Damages: Personal injury law allows injured parties to seek compensation, or damages, for their losses. These damages may include:
      • Medical Expenses: Compensation for medical bills, hospital stays, surgeries, medications, rehabilitation, and future medical care related to the injury.
      • Lost Wages: Compensation for the income lost due to the injury, including past and future lost earnings.
      • Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by the injury.
      • Property Damage: Compensation for the repair or replacement of damaged property, such as a vehicle in a car accident.
      • Punitive Damages: In cases involving particularly egregious conduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
    4. Statute of Limitations: Personal injury claims are subject to a statute of limitations, which is the time limit within which a lawsuit must be filed. If the lawsuit is not filed within the specified timeframe, the injured party may lose the right to seek compensation.
    5. Settlements and Litigation: Personal injury cases may be resolved through negotiated settlements between the parties or by going to court. In settlement agreements, the parties agree on a specific amount of compensation, while litigation involves presenting the case before a judge or jury for a verdict.