Accident Personal Injury Attorneys
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What is an Accident Personal Injury Claim?
An accident personal injury claim may be filed in connection with injuries resulting from unintentional accidents. Accident injury claims can occur from person to person, or they can sometimes involve groups of people (as in a class action lawsuit). Most accident personal injury lawsuits are based on a negligence theory.
Proof of negligence does not require that the defendant acted intentionally in order to be held liable. Instead, liability for negligence is proved by showing that the defendant owed a duty of care to the victim, that they breached their duty, and that the breach was the cause of the person’s injuries. The person’s injuries must be calculable in order for them to be issued their damages award.
What are Some Common Types of Personal Injury Accidents?
Some common types of personal injury accidents include:
- Car accidents and other types of vehicle accidents
- Slip and fall claims
- Stairway and elevator accidents
- Dangerous property, building, or land (i.e., premises liability)
- Injuries from falling objects
- Spills and toxic torts
- Various other types of accidents
Injury laws may vary by state. However, most personal injury laws allow the plaintiff to recover damages if they can prove that the defendant was negligent.
What Remedies are Available in a Personal Injury Accident Claim?
A compensatory damages award is a typical legal remedy for an accident personal injury lawsuit. This will assist the plaintiff in costs such as medical expenses, insurance costs, court fees, and other costs. Sometimes a “special damages” award can also be issued, which may cover related expenses such as lost wages.
In more extensive class-action type suits, the party responsible for the injuries may need to take additional measures. The court may issue an injunction, which is an order that requires the defendant to either take action or to stop performing a certain act. An example of this is where the court orders a production company to make their product safer, or where the court orders a company to do a recall of its product.
Do I Need a Lawyer for Help With Accident Personal Injury Claims?
Filing a claim for a personal injury can often be very complex. You may need to hire a qualified injury lawyer in your area if you need to file a lawsuit over personal injuries you have received. Your attorney will be able to help you with the filing, and can provide you with valuable legal advice. Also, your lawyer can be on hand to represent you during any court meetings that you need to attend.
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Last Modified: 12-22-2016 03:13 PM PST
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