PERSONAL INJURY – What is it Really?

The boys were out of school for Christmas break. On the first day of the mini-break, they walked to the park next to the small lake by the canal in the small residential area where the boys lived next door to each other. They had been good friends for as long as they could remember. As they approached the swings in the park where they spent most of their free time, one of the boys told the other that he saw the retired old lawyer walking toward the swimming pool in the retirement area where he lived.

One of the boys remembered that the last time they talked to him, he told them about some of his clients and how many he had all over the area in Mesa, Gilbert, Chandler, Phoenix, Scottdale, and even Queen Creek and Apache Junction. When he had to go to trial, the case usually ended up in the courthouses in Phoenix or Mesa; he rarely went to the courthouse “up north,” as he called it.

“He sure is an interesting guy and knows so much about almost everything. I am glad he will talk with us about it and share everything he knows.”

They walked over toward the pool. The retired lawyer watched them coming, wondering what they wanted to ask him about today. Since both boys had jobs after school and were making a little money, he bet that was what they would want to discuss.

As they arrived at his side, he said, “I bet you guys would want to talk about money since you now have some money from working.”

“Well, that’s a good idea, and we would like to know more about money, but one of the kids in school was in an accident in his mom’s car. He got hurt, and he said his mom was going to sue the other driver. She said she talked to a lawyer about filing a personal injury claim. Do you know what she was talking about?

The retired lawyer said, “Well, that is right in my ballpark. I made my living with that kind of litigation.”

“What is litigation?” both boys asked in unison.

He explained that litigation was a lawsuit. “It is where someone files a claim in court. After a lengthy procedure, a jury or other “fact finder,” such as the judge or an arbitrator, decides who is more likely to be telling the truth.”

In this case, your friend is called “the plaintiff.” The plaintiff is the person who brought the lawsuit in the first place. They “sue” the “defendant by filing a complaint. A complaint alleges that the defendant did something wrong, like not paying close enough attention to driving, which is called negligence.” The complaint then says the defendant’s negligent or irresponsible act led to personal

injury and medical bills. The complaint asks for money to compensate them for the medical bills and for all the pain and suffering they went through.

The defendant has an equal chance to prove they were not at fault.

First, the defendant must file an “answer” to the plaintiff’s complaint.

The “answer” might deny that the defendant had any fault.

It can be claimed that the defendant might have caused the accident, BUT the plaintiff was not really injured.

Or, the defendant may allege or claim that the plaintiff was at fault and was the real cause of the accident. In that case, the defendant can “counter-sue” for any injuries they suffered in the accident. “It is not as complicated as it sounds,” the retired lawyer explained. “it’s like any argument you ever had with your brother or sister—for example, vase breaks. Your brother blames you. You blame your brother. Your parents decide who was at fault and then what the punishment would be – the same thing!”

“But before we get into that,” he said, “I want to make sure that you completely understand what a personal injury claim is.”

“Personal injury” is a legal term to describe physical or psychological harm to a person. People can claim compensation for such injuries if they result from an accident that was not their fault but was the fault of another person. This is what is called a personal injury claim.

He went on to explain, “The most common type of personal injury claim results from automobile traffic accidents, as is true in the claim your friend was talking about. Other such claims may result from accidents at work on public property or on business premises, such as slip-and-fall or workplace injuries.”

The person claiming injury will probably sue everyone that they might think is responsible like in an auto accident. She will sue the driver as well as the owner of the car. She will sue the employer if the accident happens while the driver works. Or if the accident occurred in a store, she would sue the store owner and the company that owns the building and the store if they are different. They will sue everyone that may be a contributing factor to the injury.

Personal injury claims must be filed in court within a certain time limit. Each state has a time frame within which such accidents must be filed, referred to as a Statute of Limitations. In Arizona, for example, personal injury claims must be filed within two years following the date of the injury.

The amount of money that should be claimed for personal injuries is called “Damages.” Damages include medical expenses or missed work, called “lost wages,” lost sick or vacation time, and other expenses from the accident. Emotional distress is recognized by law as requiring compensation,

even though it is difficult to put a monetary value on it.

Each personal injury case is unique and presents its own challenges. That is why hiring a lawyer, especially one experienced in this type of claim, is so important. Act promptly to comply with deadlines and to preserve evidence. We will talk about that later.

The old lawyer asked the boys, “Does this help.”

They replied, “I think so. You always know what we should do. Besides, we like to talk to you. You got a nice voice.”

The old man sighed. It is so amazing that I can communicate with these kids and always enjoy their company. The next time, they will want to talk about money. Its history is mighty interesting.