Finding yourself on the receiving end of an injury is a troubling experience, especially when the accident that occurred wasn’t your fault. Determining the details of your case will allow you to see if you potentially have a personal injury lawsuit on your hands. Assuming your case qualifies, an accredited personal injury lawyer can help you develop the details of your case to give you a fighting chance in court.
What is Personal Injury Law?
Personal injury falls under tort law, which as defined by Investopedia, is the avenue of law that relates to redressing a wrongful act done to a person through providing relief to the person who has been wronged. In most cases, this relief comes in the form of monetary damages that act as compensation to make a person whole following their accident. Generally, personal injury law is a civil, rather than criminal, matter in court.
5 Common Types Of Personal Injury Explained
The basis of personal injury is when an accident occurs due to the negligent actions of another individual or organization. When this occurs, a person is injured as a result of those actions which leads to a personal injury lawsuit. To determine if you potentially have a personal injury case on your hands, consider the following five common scenarios:
Naturally, car accidents are one of the most common causes of personal injury lawsuits. While insurance is typically used to cover expenses that result from an accident, there are some situations in which it may not be enough. Whether it be a vehicle-on-vehicle collision or vehicle-on-pedestrian accident, personal injury can often occur on the roadway.
Slip And Fall Accidents
As opposed to occurring in a workplace, where workers’ compensation typically applies, a slip and fall accident in public often results in a personal injury lawsuit. For perspective, a person in a public store who slips on the floor and heavily injures their head due to an employee not putting a sign on the wet floor and the wetness not being obvious could result in a case.
While all animal owners wish that their pets will be well-behaved in public, it’s important to remember that they are still animals. Should an animal be let off-leash and it decides to attack a person and bite them or cause them injury in some way, it could be grounds for a personal injury lawsuit with negligence being cited on behalf of the animal owner.
While everybody hopes that their doctor will treat them with the utmost respect and according to their wishes, there are some situations in which a doctor may not be ethical. Should they perform a procedure you did not approve or make some other major error that should have been avoidable, they may be able to be held accountable through a personal injury lawsuit.
Finally, in the event a defective product causes some sort of major injury to a person, the company or manufacturer could be held accountable for that injury.
Gathering Evidence For Personal Injury: What You Need To Prove
Win a personal injury lawsuit will require developing an understanding of your case and all the necessary aspects that you need to prove:
1. Duty Of Care
First and foremost, it must be proven that the person or organization who caused the accident had a duty of care to keep you from harm. For a driver on the roadway, for example, there is an inherent duty of care that all drivers have to protect others on the road.
2. Breach of Duty of Care
Second, it must be shown that there was a breach of the duty of care that the other party had. For example, a doctor knowingly undertaking a procedure that they did not inform you of before they started the surgery.
3. Causation of Damages
Third, it must be shown that the other party directly influenced the events which led to the accident which caused you harm. For example, if a person ran a red light but did not hit your vehicle, and then another person slammed into you in an unrelated manner, there is no causation between the party being sued and yourself.
4. The Existence Of Damages
Finally, it must be shown that the damages you are suing for warrant the extent to the injuries you have suffered as a result of the accident.
Secure Compensation For Your Injuries Today
While a personal injury lawsuit may not be the right course of action for everybody depending on the details of their case, it can be an excellent choice for many. Rather than settling for living with the injuries that have been caused by someone else, consider pursuing the matter in a court of law and proving your case to a judge.