When an individual wrongfully suffers harm due to another person’s negligence and needs compensation for their losses, the victim can file a personal injury case.
These legal claims can help cover medical expenses, lost wages, and pain and suffering. Understanding the basics of personal injury law can help you or a loved one navigate the process.
Grounds for Personal Injury Claims
There are three primary grounds for pursuing a personal injury claim. They include:
- Negligence: The most common basis for personal injury cases is negligence, which occurs when an individual does not exercise the reasonable care that is needed. For instance, if a driver is texting while driving and causes an accident, it is considered negligent because they did not act with the appropriate level of care.
- Strict Liability: In cases of strict liability, a defendant can be held responsible for an injury regardless of intent or whether there was negligence involved or not. This happens often with defective products. If the product caused harm due to a flaw in its design or a manufacturing defect, the seller or the manufacturer of the product may be liable, even if they took precautions.
- Intentional Wrongs: When someone purposefully causes harm to another, this is known as an intentional wrong. Common reasons for these types of cases include assault, battery, false imprisonment, and intentionally causing emotional distress. For example, a person who attacks another can be sued for battery.
Whether the harm was caused by careless actions, defective products, or deliberate harm, understanding these grounds can help you decide the best course of action. If you’ve been injured, consulting with a personal injury lawyer can provide the guidance you need to navigate the claims process effectively.
Common Causes Of Personal Injury Cases
Personal injury claims can happen after a variety of circumstances. Some of the most common situations include:
- Car Accidents: Negligent drivers often cause crashes because of distracted driving, speeding, or ignoring posted speed limit signs
- Workplace Accidents: These include slip and falls, machinery malfunctions, and exposure to dangerous substances
- Medical Malpractice: When a patient is misdiagnosed, when there are errors in surgery, or if medication mistakes are made
- Product Liability: When a defective product causes injury or harm to the individual using it
- Nursing Home Abuse: The physical, mental, or financial abuse of an elderly individual residing in a care facility
- Defamation: When someone’s reputation is damaged due to false or misleading statements about them
- Intentional Infliction of Emotional Distress: When someone is caused severe trauma because of outrageous behavior from another
- False Imprisonment: When someone is restrained without justification
A wide variety of incidents can cause a personal injury case, but regardless of the reason, victims have legal options to seek compensation for their losses.
Types Of Damages In Personal Injury Cases
When a plaintiff is successful with their personal injury claim, they can be awarded financial compensation for their loss. These awards, known as “damages,” can be economic (tangible losses) or non-economic (intangible losses). Some examples of compensation that may be given include:
- Medical Expenses: Compensation to cover both past and future medical costs
- Lost Wages: If work was missed because of injury, compensation is awarded to cover the time that the individual was unable to maintain a job
- Property Damage: When property is damaged, this compensation helps with repairs and replacements
- Rehabilitation Costs: This covers expenses for physical, occupational, or other varieties of rehab that are necessary for recovery
- Pain and Suffering: Compensation for physical and emotional distress suffered
- Loss of Enjoyment of Life: When injuries impact an individual’s ability to enjoy day-to-day life, damages can be awarded
- Emotional Distress: The psychological impacts of personal injuries, such as depression or anxiety, can also be compensated
Understanding what types of damages there are in personal injury cases can help individuals and their loved ones determine what compensation they need.
How To Prove Negligence in a Personal Injury Case
When trying to establish a personal injury claim that is based on someone else’s negligence, four things must be proven:
- Duty of Care: The defendant had a legal obligation (otherwise known as duty) to act with reasonable care
- Breach of Duty: Through their actions or inactions, the defendant was unable to uphold that duty
- Causation: The action or inaction was the direct cause of the defendant’s injuries
- Damages: The injured individual suffered loss because of the injury caused by the action or inaction of the defendant
Proving negligence in a personal injury claim establishes a foundation for holding those responsible accountable for their actions.
An Attorney Can Help You With Your Personal Injury Case
If you’ve been injured because of another party’s negligence, it’s important to understand the rights and legal options available to you. Personal injury law provides a way for victims to seek justice and compensation for their losses. Consulting a personal injury attorney can help with navigating this complex process. Don’t face the aftermath of an injury alone. Contact Powell and Pisman Injury Lawyers today for a free consultation at (312) 635-5400, and let an experienced team fight for the compensation you deserve.