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
Fighting for Red Light Camera Traffic Ticket
If you are facing a red light camera ticket case, the best thing you can use for your defense is to challenge the clarity of the image captured. You better ...
READ MORE
Filing Personal Injury Claims after an accident
In case you are injured and your property is damaged due to a car accident and it was not your fault, you can make an injury claim from the insurance ...
READ MORE
Investing in commercial property: know the pros and cons
A commercial property, just like any other real estate, is a good investment. Examples of commercial properties include office buildings, retail buildings, industrial buildings, warehouses, apartment buildings, and properties that ...
READ MORE
How landlords can check a tenant’s credit report?
There are private credits reporting agencies that collect credit files and other consumer information and sell them. Landlords can get the credit report of their tenants through these agencies. Landlords ...
READ MORE
Why driving and cell phone usage shouldn’t be mixed?
Cell phones are technologically advancing at a significantly fast pace. Before, you can only use it to text and call. Now, you can use it to browse the internet, send ...
READ MORE
Overview of Personal Injury Law
A lawsuit for personal injury involves legal procedures and terms that are commonly not known to individuals. An experienced attorney is well-versed and will take care of your issues, but ...
READ MORE
Why Should a Landlord Hire a Lawyer?
If you have some real estate properties on rent, you may not need a staff lawyer, but it would be best to consult a lawyer constantly. Just like any other ...
READ MORE
Buying or Selling real estate property
If you are not an expert in buying or selling a real estate property, you need the help of a sales agent to walk you through the entire process. You ...
READ MORE
DWI: Driving while intoxicated
Operating  or driving a motor vehicle while under the influence of alcohol or drugs that impair your driving skills and perception is a crime in the United States which is ...
READ MORE
Alimony
Alimony means the financial spousal support that the financially strong spouse pays to the other after the divorce. Alimony law has been made because in the earlier times women did not ...
READ MORE
Fighting for red light camera traffic ticket
Filing Personal Injury Claims after an accident
Investing in commercial property: know the pros and
How landlords can check a tenant’s credit report?
Why driving and cell phone usage shouldn’t be
Overview of Personal Injury Law
Why Should a Landlord Hire a Lawyer?
Buying or Selling real estate property
DWI: Driving while intoxicated
Alimony