is an injury to a person’s body, mind or emotions, as opposed to damage to a person’s property.
A personal injury lawsuit
is a case that alleges this type of injury.
Personal injury lawsuits are often filed because the defendant’s negligent behavior caused an injury to the plaintiff.
Car and truck accidents
Common causes of personal injury include:
Medical malpractice
Pedestrians and bicycle accidents
Unsafe property
Defective products
WORKPLACE ACCIDENTS
Common causes of personal injury include:
SLIP AND FALLS
NURSING HOME NEGLECT AND ABUSE
WRONGFUL DEATH
DO I HAVE A PERSONAL INJURY CASE?
Just because you have been injured in an accident doesn’t necessarily mean that you have a successful personal injury claim.
Negligence occurs when one party breaches its duty and causes harm to another.The presence of negligence makes a personal injury lawsuit appropriate.
NEGLIGENCE
The duty owed by individuals and businesses to others is simply the duty to exercise reasonable care, which is to take or avoid actions that harm others.
HOW DO I PROVE NEGLIGENCE?
To be successful in a personal injury lawsuit, you must establish three basic facts.
EVIDENCE
The party that caused the accident acted carelessly.
For example, a driver who runs a stop sign and hits another vehicle would, under the law, be considered negligent.
1
If the person who was hit by the careless driver broke their legs, the driver’s negligence would be considered to have caused the injury.
2
The careless action — or negligence — caused an injury
3
If the person whose legs were broken accumulated medical bills and could not work, they would be eligible for compensatory damages.
The injury resulted in harm
WHAT DAMAGES ARE AVAILABLE?
?
Compensatory damages
Compensatory damages are damages that compensate for injuries and related financial losses.
Medical bills
Compensatory damages include:
Lost wages
Pain and suffering
Disfigurement
Future care-taking expenses
Loss of consortium
Punitive damages are intended to punish the at-fault party for their extremely reckless or intentional behavior.
Punitive damages
If the other party is at least
50 percent
responsible for the accident, you are entitled to compensatory damages.