Personal injury accidents are among the most commonly litigated claims. Personal injury accidents involve situations where one party causes injury to another due to negligence or carelessness. They are distinguished from other types of claims in that the conduct is usually accidental, and not intentional. For this reason, personal injury accidents can sometimes be more difficult to prove than other types of claims.
Personal injury accidents can involve a wide range of different incidents and mishaps. Some of these may include:
Basically, any situation where a person is injured accidentally can lead to a personal injury accident lawsuit. Again, with such claims, the challenge is in proving which party is responsible, since no one acted with intent to injure the victim.
Usually, personal injury accidents are proven using a negligence theory. To prove negligence, you’d need to show that: the defendant had a legal duty of care to the victim; the defendant breached this duty; and the breach of duty was the cause of the victim’s measurable damages.
So, for example, in a car accident claim, all drivers owe other drivers on the road the duty to drive carefully and to follow all driving laws. Thus, if one driver disobeys traffic laws, they might be held liable if their breach of care injures another driver. Proving liability in a personal injury accident can get complicated and usually requires the assistance of a personal injury lawyer.
Most personal injury accident lawsuits will result in a damages award to the victim. These will usually cover losses such as medical expenses, lost wages, pain and suffering, and punitive damages (if applicable).
In some personal injury claims, the court may issue an injunction, which is a court order containing instructions that the defendant needs to fulfill (such as cleaning up toxic materials or fixing dangerous building structures).
Personal injury claims can often involve some complex legal proofs. You may wish to contact a qualified personal injury attorney in your area if you need help filing an injury claim. Your lawyer can help you meet the various court requirements and can perform the legal research necessary to succeed on your claim. Also, your attorney can provide you with valuable legal guidance during the court hearings.
Last Modified: 05-06-2014 11:05 AM PDTLaw Library Disclaimer
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