Personal Injury 411
Personal injury law is designed to establish liability and award monetary compensation to victims of accidents or social wrongs causing injury or illness. Personal injury lawsuits may arise out of a variety of situations, including motor vehicle accidents, accidents that occur on someone else’s property, medical malpractice, or failure to control a pet. The person bringing the case must often prove negligence on the part of another party or risk having their personal injury case dismissed.
Most personal injuries are the result of negligent or inappropriate conduct, rather than intentional actions. For example, a property owner’s failure to warn others of a dangerous condition on their property can result in them being held liable for any injuries that occur. A doctor who fails to meet the professional standard of care may be sued with a medical malpractice suit.
The burden of proof for negligence in a personal injury cases is generally much lower than the burden of proof needed to bring criminal charges for the same actions. Defendants acquitted of criminal charges may still be sued under a personal injury lawsuit. While personal injury lawsuits are generally used to recover monetary compensation, punitive damages may be sought and awarded to punish the defendant for egregious or malicious misconduct.
In some cases, there may be multiple responsible parties held liable for a personal injury. In these cases, the plaintiff may be able to sue multiple parties to recover the full amount of compensation for his or her injuries. A personal injury lawyer can help you determine who is at fault for your personal injury and can help you decide the best course of action to take to secure monetary compensation for your claim.
A plaintiff’s duty in a personal injury case varies depending on the state and the circumstances. In some states, non-economic damages for a personal injury is limited to a set amount, making it hard for plaintiff’s to receive a big payout from their personal injury case. Economic damages tied to tangible losses, such as medical expenses or lost income, are much easier to recover.
If you believe that you have a personal injury case and should be awarded monetary damages from a responsible party, it is important to contact a personal injury lawyer as soon as possible. The lawyer will help you get the documentation you need to prove your case and let you know which laws apply to your circumstances. In some cases, the initial consultation is free and you may only have to pay legal fees once your case has been won.