Personal injury cases vary in circumstances, severity, and scope. Some accidents can cause severe injuries that impair a person for life. Others have more minor effects where the person recovers with minimal injuries. In addition, injuries can cause more than just physical harm. In some cases, the victim may have emotional scars that hamper the person’s ability to enjoy life. Physical or emotional injuries, or both, can have financial consequences, too, as the victim may be unable to work and earn a living. In any of these situations or others like them, you may be entitled to recover damages and receive compensation.
To win a lawsuit and receive a settlement award, you must be able to prove that someone else directly caused or was responsible for your injuries. To do this, you must show that the defendant was negligent. Deciphering negligence in legal scenarios can be difficult. Certain elements must be present. A personal injury lawyer has the knowledge and expertise to help you build your case and establish negligence of the other party.
Common Types of Personal Injury Claims and Where They Happen
Mishaps and injuries are a part of life. However, when an injury involves negligence, it could end up in court. Car accidents are among the most common types of personal injury cases. These incidents can cause serious injuries or death. Injuries to the head, neck, shoulders, and limbs are common. Bleeding, lacerations, internal injuries, and fractures can occur.
Slip and fall accidents are also frequently among personal injury claims. Injuries with these incidents can happen in the workplace, in businesses, or in a personal home. They often are the result of unsafe conditions or carelessness. Dog bites, medical malpractice, and product defectiveness are other examples.
A Definition of Negligence
Negligence is the failure to act with a certain amount of care that a reasonable person would demonstrate in the situation. A person can be negligent either through his or her actions or failure to act. Someone’s omission of action is a legal element if that person had a duty to act in a situation. In addition, the concept of “reasonable persona” can be a difficult point. But it applies to every person and assesses how one person would act compared to another.
Proving Negligence
Arguing that another party was negligent and thus caused your injuries is one step. Proving in court that the defendant was negligent is something else, and it requires that certain factors be present. In the scenario, the defendant must have had a legal duty to act with care. While driving, for example, all motorists have a duty to drive safely and with courtesy and consideration for others. Secondly, a defendant is negligent if he or she breaches this duty. For instance, if the defendant is driving recklessly or is distracted by texting and then causes a collision, that person breaches the duty of care. The actions or lack of actions needed to cause harm to the plaintiff as a result. Also, you would need to prove that the harm you suffered caused damages, such as accumulated medical costs, lost wages, lost future earning power, and pain and suffering.
Types of Negligence
Negligence can also come in different degrees. A personal injury lawyer will try to prove that the defendant acted with gross negligence, contributory negligence, or comparative negligence to cause harm to you. Gross negligence is the most serious type. A person acting with gross negligence acted with disregard for your safety. In this type, the defendant may have been trying to harm you or was reckless in his or her actions. If a lawyer can prove the defendant was grossly negligent, you may be able to receive more compensation for your injuries and damages.
In contributory negligence, the plaintiff might also be negligent for the accident. In this approach, if the defense shows that the plaintiff displayed any negligence, the court may deny any compensation awarded. An example could be if a person runs a red light and crashes into another car, injuring the driver. The injured person sues, but the defendant proves that the person was browsing on their phone.
If both parties are at fault, the suing party’s lawyer may apply the doctrine of comparative negligence. Here, if the plaintiff is partially at fault, there can still be a compensation award in a lawsuit. The percentage of the plaintiff’s fault will adjust how much the court awards for damages. For instance, if the court finds the plaintiff was 40% responsible for an accident, that person might receive $60,000 instead of the $100,000 they were seeking for damages.
How Much Time Do You Have to File
Injured parties should be mindful that a statute of limitations exists in personal injury cases. Any legal action must be brought against a defendant before a court within a certain period. If the plaintiff fails to file a lawsuit within the timeline, that person will not be able to pursue legal action. These timelines vary from state to state and among different types of injuries. The statute of limitations for medical malpractice suits may differ from accidental death claims. The timeline typically starts from the time of the accident. However, a personal injury lawyer may be able to prove that the injury the plaintiff is claiming was not discovered until later. In this case, the timeline may start from the time the person knew about the injury. In Oregon, the statute of limitations on most injury lawsuits is two years. A person suing for the wrongful death of a family member will have three years to file a claim.
In personal injury lawsuits, negligence is essential. If you have been injured because of someone else’s actions or failure to act, a lawyer can help you establish that the other party was negligent. It’s important for you to understand the elements of negligence and what factors must be in place for you to be successful in your case and get the compensation you feel you deserve.
