An unintentional injury is one that is caused by accident. In other words, the party responsible for the injury didn’t intend to harm the victim but nonetheless is responsible. Negligence is usually the cause of unintentional injuries.
Generally speaking, “negligence” occurs when one person owes another a duty of care but fails to fulfill that duty, causing injury. The injury is different from those caused by intentional conduct (such as battery or fight). Recklessness, which involves more carelessness than negligence, can also result in injuries.
Are You Eligible for Legal Action?
Legal remedies for physical harm include personal injury lawsuits in court and insurance claims filed with the insurer of the at-fault party (or, in some cases, your own insurer). If you take either kind of action, you will be able to recover compensation for your losses resulting from the accident. Your medical bills, lost earnings, “pain and suffering,” and additional losses are included.
Making a Civil Claim: What You Need
You generally need to prove that the person you are suing was negligent and that their negligence caused your injuries (your damages).
It is the plaintiff’s responsibility to prove both fault and damages under personal injury law.
During a trial, the legal standard by which you must prove your case is by a preponderance of the evidence, which means that you must establish (to a judge or jury) that, more likely than not, everything you are alleging is true regarding the cause and extent of your injuries and the defendant’s liability. Most likely, your case will not make it to trial, let alone to the verdict stage, but when evaluating the strength of your case, it helps to consider whether you can successfully meet the burden of proof.
It is important to note that not every injury case will depend on whether the other party was negligent (though most will). You would have to follow different rules if your injury was caused by a defective product or a workplace accident.
The procedures in your state may require you to file a workers’ compensation claim if you suffer an injury on the job. Law prohibits injured workers from suing their employers in almost every workplace accident.
Unintentional Injuries: What Are Some Examples?
Unintentional injuries come in many forms. Unintentional injuries include:
It is clear from these types of injury claims that the person who caused the injury did not intend to do so. Rather, the injury is caused by a lack of proper care or a disregard for safety standards. It is often possible to change the way injuries are treated when the conduct isn’t intentional.
Indicators of Negligence
An act of negligence occurs when someone acts carelessly, causing harm to another party. Injuries or property damage caused by negligence may be the negligent party’s responsibility.
Compensation for loss of income and earning capacity may be included.
Four factors must be present for a legal claim based on negligence to be successful:
- Duty of care
- Breach of duty
- Injury and damages
In normal circumstances, plaintiffs must demonstrate that the defendant had a legal duty to keep others safe.
To prove that that duty was breached, you must demonstrate how you and others were not kept safe.
It must be proven that the defendant’s negligence caused your injuries and that the damages you suffered were a result of the defendant’s actions or inaction.
There are many situations in which there is a legal duty of care. Doctors are legally obligated to care for their patients. A driver must act in a manner that protects other motorists, passengers, and pedestrians.
To determine whether a defendant was negligent, the courts typically consider how the average person would behave in a similar situation.
How to Maximize Your Unintentional Tort Case
Getting the highest compensation for your personal injury case requires the right legal strategy and resources.
Defendants can argue against legal actions in many ways. It is possible that you will be accused of sharing some responsibility for your injuries.
It is essential to consider comparative and contributory negligence. Compensation may be reduced if you share some percentage of liability.
You may lose compensation if you act or fail to act in a way that caused your injuries. By working with a skilled personal injury attorney, you can present the evidence you need to avoid this legal hurdle.
Demonstrating that the defendant’s negligence caused your injuries may be difficult.
In addition, your compensation may be reduced if the injury occurred after you accepted the risks involved in the activity.
Assumption of risk prevents plaintiffs from receiving compensation for their injuries and other losses.
It is crucial to understand the circumstances related to your case before developing a legal strategy that will result in a successful outcome, especially when dealing with unintentional torts and compensation claims.
To overcome these and other challenges, your personal injury attorney will provide you with a legal plan.
How Are Unintentional Injuries Remedied?
In a court of law, unintentional injuries are typically compensated through monetary damages. In addition to compensatory damages, the victim is usually able to recover direct losses, such as medical expenses and hospital bills.
Unintentional injuries rarely result in punitive damages. Damages of this type are usually reserved for intentional injuries. When extreme recklessness or carelessness is involved, punitive damages may be awarded.
The Evidence You Need to Prove Your Claim
When it comes to proving negligence in a lawsuit, what kinds of evidence might you need to be successful? For instance, in a case of a car accident, what evidence might you need to prove that the other driver was negligent?
Among the possibilities are:
- A police report detailing a car accident’s circumstances and cause
- Slip-and-fall incident reports prepared by stores, restaurants, or other businesses
- Witness statements attesting to when, where, and how your injury occurred
- Pictures of the accident scene and any evidence that might help document your injury’s cause and circumstances
- Records of all medical treatment connected with your injury, including emergency services, hospital visits, physicians, physical therapists, and chiropractors
- To support your claim for lost wages, you will need to provide documentation of time missed at work and records of your typical income.
A doctor or medical expert should determine the cause of your injury. Your doctor or another medical expert would need to testify that the herniated disc was caused by the impact from the car accident (or the fall, or whatever the incident was that prompted your injury claim) and that it wasn’t simply an existing injury.
Is it Time to Talk to an Attorney?
If you are unsure what type of evidence you need and how to obtain it, it can be difficult to determine if you have sufficient evidence to bring a lawsuit. A personal injury attorney can help you determine if you have a valid case and, if so, help you prove it.
Unintentional injury lawsuits can often involve very complex legal concepts and theories. It’s in your best interests to hire a qualified personal injury attorney if you need assistance with an injury lawsuit. Your lawyer can explain legal remedies. Additionally, your attorney can provide you with valuable legal advice and guidance throughout the process.