Personal injury cases are complex. That's why you need a lawyer that will advocate on your behalf, with the experience and knowledge to handle your specific case. Choose an attorney that will negotiate tooth and nail with insurance companies to get you the compensation you deserve. Talk to someone you can trust before you file a suit.
What is a personal injury lawsuit?
Personal injury falls under civil law, meaning it isn't the government charging a person with a crime, it's one person trying to get compensation (usually money) for damages done to them. "Damages" is sometimes a pretty loose term, and can mean anything from property damages, physical harm, psychological harm, and/or emotional distress.
Personal injury cases generally fall into one of three main categories:
Negligence is committed when someone is careless in action, causing substantial harm to someone else because of it. For example, a doctor forgetting a sponge when closing up a patient during surgery. That's an extreme case, but you get the idea. For a negligent case to be pursued, you have to prove that a "sensible" person would have acted differently in that situation in order to prevent harm.
Cases that fall under this category are:
- Severe injuries or death caused by drunk driving crashes
- Serious medical complications caused by a doctor's carelessness
2. Intentional Torts
Don't let the name confuse you. These cases are filed when someone purposefully causes you harm:
- Sexual Assault
- False Imprisonment
3. Strict Liability
Simply put, these cases are filed when someone accidentally causes harm while doing something overtly dangerous. Even though the defendant may not have meant to seriously injure anyone, and even though the person filing the lawsuit may have been fully disclosed to the risks, the defendant is still responsible for any damages that their dangerous activities may have caused.
It sounds complicated, but these are pretty common cases that you hear about every day:
- Construction demolitions
- Transportation of hazardous materials
- Risky workplace injuries (such as getting radiation exposure while working at nuclear plant)
Knowing whether your case falls under the large umbrella of personal injury lawsuits is an important first step to getting the compensation that you deserve. If you or a loved one has been seriously injured or caused undeniable emotional stress, give our offices a call immediately.