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
Know Civil lawsuits to avoid them
If you are taking a proceeding or a case of some wrong act, it might be known either as "civil" or may be "criminal" suit. Scrutinize these 2 forms of ...
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
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
Declaring bankruptcy
Declaring bankruptcy is one of the many options a debtor can perform when he can no longer meet the terms of his financial obligations to his creditors. In the United ...
READ MORE
How do I know if I need a lawyer for a landlord tenant dispute?
Often times, landlord tenant disputes in which renters and residence owners will claim over issues such as maintenance of residence, increasing of the lease, disturbance, trespassing, rental and comfort issues. ...
READ MORE
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
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
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
Why to discuss your legal issue with multiple lawyers ?
Cases vary in issues, facts and remedies. Some of them are intertwined with other cases or an offshoot of one issue. Others file cases which are simply asking for clarification ...
READ MORE
Social Security disability definition
Social Security Advisory Board has asked whether the Social Security disability definition should be changed in some fundamental way. The Disability Policy Panel studied this question at length and reached ...
READ MORE
Know Civil lawsuits to avoid them
Landlord duties
Filing Personal Injury Claims after an accident
Declaring Bankruptcy
How do I know if I need a
Bankruptcy filling without an attorney
Expenses in a DUI case
How to find a good lawyer
Why to discuss your legal issue with multiple
Social Security disability definition