If you’ve been injured due to the fault of another party, whether that is another individual or an organization, it’s important to understand all of the things that can impact and determine the outcome of your case. Personal injury law can require the other party to pay the injured party whatever is owed in terms of financial compensation. It is is critical to understand what is at stake and what ultimately will be the determining factor in deciding the outcome of your case.
Common Personal Injury Claims
Before we get into the things that will ultimately determine the outcome of your case, let’s briefly go over the most common personal injury claims that occur. Becoming familiar with other types of personal injury claims can help to understand the types of injuries that are in line with personal injury law and can shed light on what falls under the personal injury spectrum.
In terms of the most common cases related to personal injury law, injuries that result from car accidents are the most frequent variety in the United States
. Very often, these incidents are the result of a careless or reckless driver and in these cases the driver can be held financially responsible for injuries that are the result of their personal negligence.
Another very type of personal injury claim that is frequently filed is that of medical malpractice. This is when a person is injured due to a healthcare professional providing faulty or inadequate treatment, resulting in the patient experiencing an injury. Healthcare personal injury cases occur quite often and as the injured party, it’s always important to have as much documentation and evidence as possible, as healthcare professionals are prepared to fight these cases as firmly as possible.
Personal injury claims run a wide range of injuries and can be the result of an on-the-job injury, whether it is due to slipping and falling or the result of unsafe working conditions. Accidents that occur at home also fall under personal injury law, as a person may need to file a claim with their insurance in order to receive compensation even if there wasn’t necessarily a negligent party involved.
Damages refer to the ways in which you have personally experienced specific losses and hardships due to a defendant’s breach of their duty. In order to provide justice, the court will determine the adequate amount of compensation necessary to restore you to the state you were in prior to your injury. This will means money for your medical bills, emotional pain and suffering, as well as money for lost wages and any other factor that you have undergone through the injury process.
In terms of damages, there are typically two different kinds. The first is compensatory damages, which refers to the economic losses and other factors that require some sore of monetary and economic remediation. The second type of damage is that of punitive damages, which refers to money that a defendant is required to pay as a way to punish the defendant. This differs from compensatory damages in that it isn’t related to the amount they are required to pay to make up for incurred losses by the plaintiff, and instead are a purely punitive measure. Punitive damages are much more rare in personal injury cases and these types of cases will typically involve only compensatory damages.
Personal Injury Liability
With regards to personal injury law, liability applies to one party’s legal obligation to pay for another party’s incurred damages. Liability is one of the most critical aspects of any personal injury case, as it relates to who is responsible to pay for incurred damages. It’s important to be able to prove who is at fault for the particular situation, as it will ultimately determine the outcome of the case.
In order to determine who is liable in a personal injury claim, there are a few things you will have to prove. First, you have to prove that the specific defendant owed you a duty of care. Duty of care is defined as the defendant’s legal responsibility to act and behave responsibly. Your duty of care will be determined in relation to what is required for a given situation. For instance, if your case involves a driver, you will have to prove that a driver was driving irresponsibly and was operated their vehicle in an unsafe manner. Similarly, a doctor will have a certain set of procedures and rules to follow in order to prove they are upholding their duty of care.
In a personal injury case, you will also need to establish that the defendant breached their duty of care. If a person has breached the duty of care, it is important for you, as the plaintiff, to collect and gather as much evidence as possible proving that the defendant breached their duty of care. This can include testimony by relevant experts, documents, photographs, and any other piece of evidence that can prove your case.
Finally, you will need to prove that you actually suffered the injuries that you are claiming are the result of the defendant’s breach of their duty of care. You will want to provide medical records and any kind of evidence that shows the extent of your injury and that this injury was sustained through the specific means through which your lawsuit alleges. If all of these things are in order and sufficiently provable, you will be able to provide enough information to support your liability claims.
It is important to do everything you possibly can to avoid an accident, but sometimes things happen that are out of your control. In these cases, you will want someone to advocate for you every step of the legal process. Because of this, it is important to seek out the services of a qualified auto injury attorney
that will fight for your rights every step of the way. Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement. He will begin the investigation process immediately, ensuring you receive the best representation possible. Contact him at 303-321-4878 to discuss your legal options during a free consultation.