Personal injury is a broad term for any claim or lawsuit based on injuries caused by another person. It typically involves negligence and includes physical, emotional, and noneconomic damages such as pain and suffering.
The most common types of claims include motor vehicle accidents, medical malpractice, slip-and-falls, and various other injuries and accidents. In addition, different types of tort claims involve intentional acts, such as civil assaults, batteries, and libel.
Negligence
Negligence is failing to behave with the care a reasonable person would have taken in identical circumstances. It is a cornerstone of tort law, a legal system that holds individuals liable for their actions.
When a person or company fails to use the required standard of care, they can be liable for causing injury.
To prove negligence, an attorney must establish four elements: duty, breach, causation, and damages. To assess each of these, a jury must analyze the defendant’s actions and compare them to what a prudent person would have done in a similar scenario. Check wilklawfirm.com to learn more about personal injury remedies.
Damages
In the legal world, the term “damages” refers to monetary awards plaintiffs receive as compensation for harm inflicted by another party. These damages can range from economic losses to noneconomic or hedonic losses.
Personal injury lawsuits can award compensatory damages designed to restore injured people to the state they would have been in if they had not suffered an accident or injury. These damages may be divided into general and special damages.
The amount of recoverable damages depends on the injuries’ severity, how long a person cannot work, and what other expenses they incur. It also depends on whether the case settles outside court or is litigated in a lawsuit.
Economic damages include losses a plaintiff incurs due to an accident, including lost wages. They should be tied to actual estimations of how much a victim’s earnings would have been had they not sustained their injury.
Statute of Limitations
A statute of limitations is legislation that specifies how long you have after specific occurrences to file a lawsuit. These laws prevent civil causes of action from “lingering” and preventing you from moving on with your life after an accident or injury, and help protect you against false or abusive claims made after too much time passes or the statute of limitations. However, this date can be extended under several exceptions, so it’s essential to seek advice from an experienced attorney about the specific deadline for your case.
Another common exception to the three-year rule is if you have yet to learn that you were injured and the cause of your injuries within that period. This exception is referred to as the discovery rule.
Consultation
Consultation is an integral part of any personal injury case. It is because it allows your attorney to understand better the incident that caused your injuries, the type and severity of your injuries, the medical treatment you have received, and the prognosis you may have for recovery moving forward.
Your consultation will also allow your lawyer to discuss your situation’s relevant laws and see if you have a viable claim. It can help you decide if hiring an attorney is your best option.