When You Need a Personal Injury Lawyer

For certain personal injury claims, especially those involving serious harm or medical malpractice, you’ll want to enlist the help of an experienced lawyer. If you’ve been involved in an accident, it’s very likely that you’ll have to deal with an insurance company. You must file your personal injury complaint in the state where the injury occurred and the complaint must describe your claim in detail. The American Bar Association provides excellent information on personal injury law.

Personal injury cases are usually based on either negligence, intentional tort, or strict liability.

To prove negligence, you must be able to prove the following:

  • That the defendant failed to fulfill a duty to you
  • That this failure caused an accident
  • That this accident injured you

To prove intentional tort, you must be able to prove that the defendant acted with the intention of harming you. For example, if you were punched in the nose.

If your case is based on strict liability, you can win the case without proving that the defendant was at fault. For example, if you were injured by a defective product.

The Rule of Carelessness

Determining legal responsibility for a personal injury (often referred to as liability) can be complicated. The basic rule that is followed is the rule of carelessness, which includes the below scenarios:

  • If the injured person was in a location where they were not supposed to be, the individual who caused the accident may not end up being liable.
  • If the injured person themselves were careless, their compensation could likely be reduced.
  • If an accident is caused by the negligence of an individual while working for someone else, the employer can be held liable for the accident.
  • If the accident is due to property that is not maintained well, poorly built, or by a defective product, the owner of that property or the manufacturer of that product may be held liable.
  • If you were careless and are partially at fault/responsible for the accident, don’t worry!  In most states you can still get at least some compensation.  There is a rule known as comparative negligence, and it is best to partner with a personal injury lawyer for this type of case.

The laws surrounding personal injury lawsuits are complicated and the facts of each case are unique. Personal injury damages are not limited to medical bills; damages for pain and suffering are often significantly larger than damages for medical bills and lost work time. Obtaining an experienced personal injury attorney to guide you through this process is in your best interest.

Related Posts
Which terms should be there in your Lease and Rental Agreement
There are terms you need to look out for before you sign a lease or rental agreement. That’s because if you’re not careful enough, chances are, the landlord or landlady ...
READ MORE
Property tax law
Property tax is a tax on real estate levied by any level of jurisdiction from National government right down to municipal or county level. The amount charged is usually between ...
READ MORE
Difference Between DUI and DWI?
Within the field of regulation, there's much concentration on DUI and DWI prosecutions. With the amazing data for both in Texas, it is incredibly essential to become informed on the ...
READ MORE
Landlord–tenant law
Landlord–tenant law is an aspect of the typical law that inform the privileges and responsibilities of residence owners and renters. It contains components of both actual estate law (specifically conveyances) ...
READ MORE
How to fight traffic tickets (Top Strategies)
If you think you don’t deserve the traffic ticket you got, you can exert effort to fight it off. There are certain strategies you can do to successfully fight traffic ...
READ MORE
How to hire a real estate attorney?
It's really a great idea to hire a real estate attorney early on because it will help you save more time and money as well as defend you from various ...
READ MORE
Things a tenant should know about rental agreement
Rents are usually due on the first day of the month. But generally, rent payment depends on the agreement you have made with the landlord. It may be specified in ...
READ MORE
Landlord and Tenants: Roles and responsibilities
In this article, I am going to examine the nuts and bolts of duties and responsibilities of landlord and tenants which come under the landlord-tenant law in the United States. ...
READ MORE
Want to convert your rental unit in to a commercial unit
There are several ways in which you can evict the tenant you don't like without raising the red flag. One of it is to convert or demolish your rented unit. ...
READ MORE
Got notice of eviction even before due date of rent agreement – WHAT TO DO
Your landlord cannot end your tenancy without a good cause and especially without the blessing of the court. If you have received a notice of termination even before the due ...
READ MORE
Which terms should be there in your lease
Property tax law
Difference Between DUI and DWI?
Landlord–tenant law
How to fight traffic tickets (Top Strategies)
How to hire a real estate attorney?
Things a tenant should know about rental agreement
Landlord and Tenants: Roles and responsibilities
Want to convert your rental unit in to
Notice of eviction before due date of rent