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Personal Injury Law 101

Let’s face it.  Personal injury law get a bad rap sometimes.  Cheesy commercials, crazy billboards, and attorneys claiming millions awarded for injures are just a few of the “gimmicks” used by personal injury attorneys to get clients.  As crazy as it seems, some of these crazy ways of advertising works or we wouldn’t be seeing billboard after billboard on the highway and ads on television.  At one local TV station, the most expensive time to advertise personal injury attorney commercials is during the middle of the afternoon.   We will let you figure out why???

But what exactly is personal injury law?  Personal injury law (also known as tort law) allows an injured person to go to civil court to get damages for all loses resulting from an accident or other incident.  This allows the person to be compensated financially after he or she has suffered harm due to to the negligence of another

What does person injury cover?

Accidents:  Where someone acts in a negligent manner and that carelessness causes harm to another.  These include car accidents, motorcycle/bicycle accidents, dog bites, nursing home negligence, and slip and falls

HIPAA violations:  The Health Insurance Portability & Accountability Act (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.   The rule protects protected health information (PHI) and medical records of individuals, with limits and conditions on the various uses and disclosures that can and cannot be made without patient permission.

How does a Personal Injury Case Work?

No two accidents are the same, so no two personal injures cases are the same.  However, there are some basic steps that most injury cases share.  Defendant does something to injure the plaintiff, plaintiff determines defendant breached their legal duty, and settlement talks occur.   Perhaps you thought….what about a trial?  Often times, you will see commercials that advertise attorneys in trial settings .  US Government statistics show that only about 5% of personal injury cases go to trial.  The other 95% are pretrial settled or dismissed.

If you or someone you know has been injured in an accident or been victim of a HIPAA violation, please call McShane & Brady at 816-888-8010 or visit for a free consultation.