Personal Injury Lawsuit
Summary: This article covers personal injury lawsuits including the causes, factors needed to file a valid claim and the importance of contacting an experienced personal injury lawyer.
A personal injury occurs when a person suffers either physical or emotional injury as a result of negligence or intentional conduct of a wrongdoer. Personal injury lawsuits seek to recover damages (compensation) for injured victims due to the action (or inaction) of another person or entity. A personal injury lawsuit can be filed by the victim, or loved ones, on three bases:
- Negligence: This type of personal injury includes those injuries that allegedly occur due to the inaction of another.
- Strict Liability: Includes those injuries that allegedly occur due to product defects.
- Intentional Wrong: Injuries that are alleged to have been inflicted upon the victim intentionally.
If you or a loved one were seriously injured as a result of someone elses negligence contact a personal injury lawyer to learn more about your legal rights and how to file a personal injury lawsuit.
Causes of Personal Injury Accidents
There are several causes of personal injury. The most common causes of personal injury include:
- Motor Vehicle Accidents
- Defective Products
- Pharmaceutical Drugs
- Medical Malpractice
- Elder Abuse
- Work-Related Injury
- Premises Liability
- Toxic Exposure
- Food Poisoning
Elements of Injury Cases
When reviewing the circumstances of your case, your personal injury attorney will be checking to see if the following elements are present for a successful lawsuit:
- Liability: This refers to proving the defendant did something wrong. Examples include manufacturing defect, driving drunk, running a red light, etc.
- Damages: Damages can include physical injury, medical expenses, lost wages, mental distress, wrongful death, disfigurement, etc. Not every kind of damage is present in each case.
- Collectability: This refers to whether the defendant has insurance that covers their wrongdoing.
Filing a Lawsuit
If you have suffered a serious injury as a result of another’s negligence, then you may have grounds for a personal injury lawsuit. Personal injury lawsuits are intended to provide financial compensation for your injury, as well as for associated losses like property damage, hospital bills, time off work and pain and suffering.
If you are considering on filing a lawsuit, it is important to be aware that personal injury lawsuits generally have a set time limit within which a claim must be filed, referred to as statute of limitations. The statute of limitations differs in every state depending upon the nature of injury. A personal injury lawyer can best advise you about the time limitations as it pertains to your case and state laws.
Settlements & Verdicts
Those who prevail in their personal injury lawsuits are typically entitled to recover damages. The amount recoverable is determined either by a judge or jury on a case by case basis. A personal injury award may include two types of damages; compensatory and punitive damages.
- Compensatory Damages: These types of damages are designed to place a victim in the position they would be in if the injury never occurred. There are two types of compensatory damages; monetary and non-monetary losses.
- Punitive Damages: These types of damages are not designed to compensate the victim, but to punish the defendant for inflicting the victim’s injuries through a reckless or malicious act and to deter or reform others from engaging in similar behavior.
Contact an Attorney
If you are considering on filing a lawsuit, it is important to seek an experienced personal injury lawyer that is familiar with your states laws. Time maybe me limited to file your claim so don’t delay contact a personal injury lawyer today!