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There are a variety of reasons the average person may find themselves in a court room at some point during their life. In the majority of situations, however, it is almost always never for a good reason. One of the most common causes to end up in a courtroom is due to a personal injury lawsuit, either as the defendant or the plaintiff in the situation.
This can be a troubling situation for both parties as monetary repercussions can potentially come from the lawsuit. By learning everything there is to know about personal injury lawsuits, a person can prepare themselves for the court room and for what the proceedings may look like.
What is a Personal Injury?
Many people often have a faint understanding of what exactly personal injury refers to in the legal sense, but not the specific details. Personal injury falls under tort law which specifically deals in situations where one person has had a wrong committed against them and the case is attempting to redress that wrong, usually through monetary means. In the majority of situations, personal injury cases are not intentional wrongdoings against another person, rather an accidental circumstance stemming from negligence.
Negligence 101
For those unfamiliar with the term negligence, it is a crucial principle of personal injury law. Negligence refers to behavior that would not be expected by another reasonable person in the same situation. Going further, acting with negligence essentially just means acting in such a way that you did not take the proper steps in what you were doing.
The Foundations of a Personal Injury Case
While the above definition of personal injury clarifies what exactly it is, it doesn’t outline how to actually prove the details a personal injury lawsuit. Keeping in mind that negligence needs to be established, the following four foundations must also be proven to demonstrate that one party caused the personal injury of another:
Duty of Care
First, it must be shown that the defendant had a duty of care to keep the plaintiff from harm. All this means is that in whatever situation occurred, the defendant should have been able to reasonably not cause the accident through normal action within their control.
Breach of Duty of Care
Second, it must be shown that a defendant breached their duty of care. As implied by the name, a breach of a duty of care just refers to the defendant acting in such a way that the aforementioned duty of care has been broken. It’s best to picture the party acting recklessly without regard to the potential danger to others around them.
Causation
Third, it must be shown that that the above breach of duty directly leads to the accident in which a person suffered their injuries. However, it could also be shown that the actions indirectly lead to the accident, though this is more challenging to prove in court.
The Existence of Damages
Finally, it must be demonstrated that the accident which the defendant caused through their breach of duty also led to the extent of damages that the other party suffered. In most cases this is proven using medical bills or a similar document that bears proof.
5 Common Types of Personal Injury
Understanding the most common types of personal injury can help a person identify whether or not their situation warrants a personal injury claim. The following five examples are some of the most common to be aware of:
1. Vehicle Collisions
Vehicle-on-vehicle collisions or, perhaps worse, vehicle-on-pedestrian collisions are some of the most common types of personal injury to be aware of. The most beneficial example of a potential situation where personal injury may apply is if a driver on the roadway decides to start playing a game on their phone, thus taking their eyes off the road. Due to this, they run through a stop sign where a pedestrian, who had right of way, was walking. When this occurs, they are hit by the car and sustain injuries.
2. Animal Attacks
Off-leash animal attacks are another common situation where personal injury law may come into play. If an owner trusts that their animal can be let off-leash, and especially if they do so in a non-off-leash area, yet the animal attacks someone, they could be held liable.
3. Medical Malpractice
One of the more expensive personal injury lawsuits tends to be medical malpractice cases. A common example of this would be a doctor performing a procedure that you did not authorize before they put you under, or a doctor “signing” their work internally which is an extremely illegal and unethical action.
4. Slip-and-fall Accidents
Slip-and-fall accidents are another common type of injury that can result in a personal injury lawsuit, specifically when the area that is slick was not outlined as being so. Say you are walking in a store where employees were recently wiping the floor down, yet they did not put a sign on the floor and there was no indication it was wet. In this situation, the company or employee could be held liable.
5. Product Liability
Finally, a product liability lawsuit is another common situation where a personal injury lawsuit may occur. If a product was being used as it should be by a consumer, and then malfunctions in such a way that the person is injured, they may have grounds to file a personal injury lawsuit towards someone who was involved in the manufacturing process.
The Bottom Line
For those who have been injured due to the negligent actions of another person or organization, don’t hesitate to contact an accredited personal injury lawyer as soon as possible. Even if you have already gone through some form of insurance to make yourself whole, you may still be leaving money on the table in the form of other damages that a lawyer can help point out on your behalf. Rather than settling for the injuries you have suffered, fight for justice in the courtroom to make yourself whole.
