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Personal Injury Definition

The term “personal injury” means any kind of physical injury and the suffering that results, including mental trauma that occurs because of the actions or inactions of another entity or person. The law states that the person who experiences a personal injury, otherwise known as the “plaintiff,” is eligible to try and obtain restitution from the party responsible for causing the injury, otherwise known as the “defendant.” More about our Car Accident Lawyer here

It is imperative to note that, according to personal injury law, defendants do not owe anything to plaintiffs. Plaintiffs are allowed, under the law, to seek fair restitution from the defendant in order to make the plaintiff whole after a personal injury has taken place. Personal injury laws do not require defendants to pay anything to plaintiffs; rather, plaintiffs have to initiate litigation, prove defendants were responsible, and prove the monetary amount of their damages in order to obtain compensation from the court. Typically, defendants are liable only for the damages they directly caused, and only to the extent the plaintiff suffered. Therefore, it is vital that the plaintiff prepare a case focused on proving not simply liability, but also damages and cause. Got Injured In An Accident – CALL SHAW

Can You File a Personal Injury Lawsuit?

Any person can sue any other person. In order for your case to have a chance to succeed, you have to prove four elements: Duty, Breach, Cause, and Damages. You must first prove that the defendant owed to you a legal duty of care. Then, you have to prove the defendant breached that duty – for example, by performing a certain action or failing to perform an action. Then you must prove the defendant’s breach of duty resulted in harm befalling you. And finally, you have to prove you were damaged – you must quantify those damages in a specific dollar amount.

The definition of “duty of care” that one person owes another person can vary depending on the situation. Drivers, for instance, are charged with the duty to drive their vehicles in such a fashion so that they do not cause an accident to occur. Careless or reckless driving that results in harm to another person is a breach of that duty not to harm another driver. The level of care varies according to the parties involved. Your doctor, for example, owes you a higher level of care than does your neighbor.

The Three Elements of Successful Personal Injury Litigation

There are three elements to a successful personal injury case: liability, damages, and a solvent defendant. The following is an explanation of these elements.

Liability
If a defendant violates a legal duty that is owed to the plaintiff, the defendant is said to be liable to that plaintiff, and therefore, the defendant is also liable for the damages incurred by the plaintiff. Typically, a defendant violates that duty through the commission of some negligent act. The term “negligence” is defined as conduct that is careless or reckless, and which leads to some kind of accident. A common form of negligence is inattention; however, defendants can also be guilty of committing an act of “gross negligence.” The standard of proof for gross negligence is significantly higher than standard negligence and usually means the defendant did something with the full knowledge that doing so will probably lead to some kind of harm. For instance, the act of driving while intoxicated is a grossly negligent act. There are other instances where a defendant will commit an intentional or willful act that will lead to liability. Both of these kinds of acts mean the deliberate infliction of harm on another person, e.g. assault. No matter what the level of the defendant’s conduct may be, however, the plaintiff is required to prove that the defendant acted negligently in some form or fashion in a manner that holds them liable for the injury suffered by the victim.