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
Bankruptcy filling without an attorney
Within the 2005 legal guidelines, customers have to choose credit score guidance before submitting a new individual bankruptcy request. Consumers are also subjected to an easy method check, to determine ...
READ MORE
Dealing with your insurance company
If your house gets damaged by fire or other disasters, you can look to your insurance company for reimbursements. But your success of getting relief from your insurance company may ...
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 find a good lawyer
Lawyers are everywhere, each has her or his own expertise or specialised area in the fields of law that vary from civil, criminal or appellate litigation. Finding however a good ...
READ MORE
Traffic Laws in the US
Traffic laws in the United States vary because every state enacts its own regulations and laws. America has a strict judicial system. There are different sets of traffic laws in ...
READ MORE
Power of Attorney
Power of Attorney is a lawful document which grants you the legal right to appoint another individual to act on your behalf and manage your financial affairs, property or health ...
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 duties
If you’re a new landlord you have to know that being one is no simple matter. Aside from the identity of you tenants, you also have to be aware of ...
READ MORE
An overview: rent withholding
If you are not satisfied with the conditions of the apartment or house you are renting, you can stop paying rent until your landlord does the appropriate repairs. This act ...
READ MORE
How to get your security deposit back?
Before you can move in to a rented apartment, you have to deposit a big amount of money to the landlord first. This money is called the security deposit. This ...
READ MORE
Bankruptcy filling without an attorney
Dealing with your insurance company
How to fight traffic tickets (Top Strategies)
How to find a good lawyer
Traffic Laws in the US
Power of Attorney
Things a tenant should know about rental agreement
Landlord duties
An overview: rent withholding
How to get your security deposit back?