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
Expenses in a DUI case
DUI case or Intoxicated driving is the act of working or generating an automobile while under the impact of liquor or medication to the level that psychological and engine skills ...
READ MORE
Help with divorce cost
Divorce is anyway not a very pleasant experience. And when you consider the emotional, physical and financial trauma two of them undergo, it is really tedious to deal with it. ...
READ MORE
Defenses: Most often raised to drunk driving charges?
Drunk Driving is the act where in the driver drives the vehicle under the influence of alcohol or drugs. This is to such an extent that the person does not ...
READ MORE
Reason to buy investment property under a real estate trust
If you want to be one of those who were wise to disguise their names as owners to their real estate investment, you can consider doing it so with a ...
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
Do you need a real estate lawyer while buying home or other real estate?
Despite your financial worry that a lawyer's fee would cost too much for a simple decision such as buying a house, it would really be very ideal and would be ...
READ MORE
Why should you buy investment property under your own name?
Because it is your investment, you can always choose where to name your investment property. If you so decide to put your property under your name, below are the advantages you ...
READ MORE
Top reasons that can severely affect your landlord business
There are mistakes that will definitely affect your landlord business and these are what you should avoid. 1.Tenant discrimination intentionally or unintentionally. This warrants a one-way ticket to a legal proceeding. ...
READ MORE
Contracts of lease
Contracts of Lease is a common bilateral agreement between the Lessor (the landlord), the party who leases a space or a property for a fee (more popularly recognized as rents) ...
READ MORE
Decide when you should file a lawsuit?
Before deciding to file a lawsuit, here are important things you should consider. First, determine if you have a good case. Reflect if you can accept compromise settlement, or if ...
READ MORE
Expenses in a DUI case
Help with divorce cost
Defenses: Most often raised to drunk driving charges?
Reason to buy investment property under a real
Property tax law
Do you need a real estate lawyer while
Why should you buy investment property under your
Top reasons that can severely affect your landlord
Contracts of lease
Decide when you should file a lawsuit?