What is personal injury?
False Advertising can lead to personal injury, which refers to any physical or mental harm caused by unforeseen factors, such as accidents or emotional trauma. Such injuries can result in prolonged disability or death. Personal injury can be caused by a variety of ordeals and it is important to be aware of the dangers of False Advertising.”
Such injuries which are caused due to someone else’s actions will result in an individual not being able to live their life as they once did. In American law, there are three common types of harm that can be done to an individual. While personal injury cases are of a broad scope some common personal injuries also include damage to property and damage to one’s reputation etc. Injuries are caused due to another party acting recklessly, negligently, or maliciously. This will be your cue to file a personal injury claim.[1] Some personal injury claims can be settled even without approaching the Court and can be settled through filing a few pieces of paperwork.
False Advertising:
“All businesses that have a product or service to sell must advertise, and a competitive marketplace can lead to a range of dubious methods. Most of the time, businesses might exaggerate some aspects of their products and services, like calling them “The Best _______ in the World,” but some advertisements cross a line into unlawful territory. Claims that are outright misleading or false, especially those that could harm consumers or other businesses, are often prohibited by state and federal consumer protection laws.”[2]
A very conventional form of false advertising entails deceptive or ambiguous or distorted descriptions of the products. These claims particularly tend to claim that the product in question has certain exceptional features or benefits, which in reality it does not. In addition to this, trying to portray that the product is of higher or better quality, then again it is not, and only local basic ingredients were used in making the product in question. Examples include:
- “Use of misleading terms, such as “organic,” “natural,” or “light”;
- False claims of scientific support, or endorsement by scientific or medical authorities;
- Misleading illustrations or photographs;
- Use of coloring or other modifications to make a product appear to be of a different quality; or
- Falsely claiming that a product contains certain ingredients, or misrepresenting the quantity of an ingredient.
In 2010, for example, Dannon was ordered to pay about $45 million in damages to plaintiffs in a class action lawsuit alleging false claims about two yogurt products, Activia and DanActive. Advertisements for the products claimed the products had “clinically proven” health benefits. The company charged more for the products, and consumers were induced to purchase the products, based on these claims. In addition to monetary damages, the court ordered Dannon to modify its advertising.”[3]
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Role of a personal injury lawyer
“Personal injury lawyers are also known as civil litigators or trial lawyers who represent clients. Personal injury lawyers usually handle cases falling within tort law, such as work injuries, flawed products, accidents caused by slips and falls, road accidents and other related accidents. They also help their clients secure compensation for losses incurred. These losses include the loss of capacity to earn, inability to perform normal duties, suffering, and pain. They also include expenses that may arise, the loss of companionship, legal costs, emotional distress, and attorney fees.
They further identify pertinent issues within the client’s case, which is done through client counseling, advocacy, legal advice, and oral arguments. The case normally heads for trial when both parties fail to reach an amicable settlement. Personal injury lawyers are expected to follow strict set principles of legal ethics when executing their mandate with clients. While the specified guidelines vary from state to state, each lawyer is expected to evaluate legal issues while exercising due diligence in any legal matter commenced. They owe plaintiffs the onus of confidentiality and allegiance as they work to protect their client’s best interests and not their own.”[4]
Conclusion
A personal injury lawyer provides legal representation to plaintiffs who are alleging physical or psychological injury as the result of the negligent or careless acts of another person, entity, or organization. Personal injury attorneys often juggle large caseloads and work on tight deadlines with sometimes demanding clients. But many lawyers find that the most rewarding aspect of personal injury practice is helping injured victims and their families receive justice. Personal injury lawsuits can be extremely complex, so these attorneys often specialize in certain niche types of cases. For example, someone who handles medical malpractice might specialize in breach births. Those who routinely litigate motor vehicle accidents might specialize in ATV rollover incidents.[5]
[1] https://www.enjuris.com/personal-injury-law/what-is-personal-injury.html [2] False Advertising Under Consumer Protection Laws | Justia [3] Refer Footnote 2. [4] What is The Role of a Personal Injury Lawyer? | Beedem Law [5] Legal Careers: What a Personal Injury Lawyer Does (thebalancecareers.com)
