Personal injury refers to any physical or emotional injuries sustained because of someone else’s actions. These actions can occur as a result of that person’s negligence, intent or strict liability.
Negligence
Most personal injury cases involve negligence. To have a successful case, your personal injury lawyer must be able to prove four things:
* Duty of care: Was the negligent party obliged to behave carefully to avoid injuring the other party?
* Breach of duty: Did the negligent party knowingly expose the injured party to a substantial risk of injury?
* Direct cause: Did the negligent party’s deliberate acts, or lack of action, cause the injury?
* Harm: Did the injured party suffer a financial loss (a medical bill, for example) because of the negligence of the other party?
Intent
An intentional act occurs when the person committing the act wants to engage in the conduct. If, for example, someone picks up a baseball bat and deliberately hits you, it is considered an intentional act. Cases of battery, assault and false imprisonment are all examples of intent.
Strict Liability
Anyone involved in the production, distribution or sale of a defective product can be held responsible if that product later injures someone. The injured person doesn’t even have to prove intent or negligence, only that the product was defective – through no fault of their own – and that harm was done.
Strict liability works on the premise that there is responsibility to others – whether there was unreasonable conduct or not.
I’ve Been Hurt – Now What?
If you have suffered a personal injury, there are several steps you need to take. The most important is to seek immediate and proper medical care, and then follow up with the relevant authorities and your insurance company. However, while you should obviously co-operate with the police, you should be wary of discussing details of your case with anyone before you have spoken to a personal injury lawyer.
Choose carefully when selecting a lawyer – make a list of several attorneys and meet with all of them before deciding on which one you’d like to represent you. Be prepared for some to reject your case before you have a chance to reject them! Many lawyers do not take cases if they think they won’t recover a certain minimum amount in compensation, or “damages.”
Damages can be agreed on between you and the negligent party without the need for lawsuits or trials. However, the agreed amount may not be nearly enough to fully compensate you for your loss – especially if you have been unable to work as a result of your injury, or if you will have ongoing medical expenses. Hiring a personal injury lawyer ensures that you are treated fairly through this process.
If you believe your injury was caused by someone else’s negligence, recklessness, carelessness or intentional act, contact Steven J. Malman & Associates or visit us at Sitename.
