An unintentional injury is any injury that results from an accident. That is, the party responsible for the injury didn’t intend to injure the victim, but nevertheless is responsible for the injuries. In most cases, unintentional injuries are the result of negligence.
Legally speaking, “negligence” occurs when one person owes another person a duty of care, but fails to perform their duty, resulting in an injury. This is different from other injuries that result from intentional conduct (such as injuries resulting from a battery or from a fistfight). Similarly, injuries can result from recklessness, which involves more carelessness than negligence.
What are Some Examples of Unintentional Injuries?
There are many, many different kinds of unintentional injuries. Some examples of unintentional injuries include:
- Car accidents and other vehicle-related injuries
- Slip and fall injuries
- Various types of product liability and defective product injuries
- Medical malpractice
As you can see, the common thread with these types of injury claims is that the person who caused the injury didn’t actually mean to do so. Rather, the injury results due to a lack of proper care, or due to a disregard of safety standards. The fact that the conduct isn’t intentional can often change the way the injuries are remedied.
How are Unintentional Injuries Remedied?
In a court of law, unintentional injuries are usually remedied through a monetary damages award. This usually includes a compensatory damages award, which helps the victim recover direct losses such as medical expenses, hospital bills, etc.
Punitive damages are not awarded very often in cases involving unintentional injuries. These types of damages are usually reserved for intentional injuries. On the other hand, a punitive damages award may be issued in cases involving extreme recklessness or carelessness.
Do I Need a Lawyer for Help With an Unintentional Injury Lawsuit?
Lawsuits regarding unintentional injuries can sometimes involve very complex legal concepts and theories. It’s in your best interests to hire a qualified personsal injury attorney if you need assistance with an injury lawsuit. Your lawyer can help explain what your options are in terms of legal remedies. Also, your attorney can provide you with valuable legal advice and guidance throughout the process.