A Brief Overview of Personal Injury
Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and fall, automobile accidents, assaults and battery, medical malpractice, and product liability. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact a personal injury attorney at our firm to find out how we can help you preserve your rights.
Personal Injury Damages
Personal injury lawyers can help ensure that their clients receive the damages to which they are entitled by law. Some of the items for which injured parties are legally entitled to compensation include lost wages, past and future medical expenses, damages for both physical and emotional pain and suffering, and damages for disfigurement. Sometimes, a close family member of the injured person, such as his or her spouse, may also be entitled to damages. This award is often referred to as loss of consortium damages, which is intended to compensate the loved one for the loss of the injured or deceased person's services and companionship.
“Legal Causation” of Personal Injuries
Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. Besides the injury, the plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. The plaintiff must present proof of causation both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of the particular matter in question.
In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant engaged in intentional conduct. This means that the wrongdoer intentionally or purposefully harmed the plaintiff or knew that the conduct in which he or she engaged gave rise to a substantial likelihood that harm would result.
Conclusion
Personal injury actions often require a lawyer’s careful examination of the surrounding facts and circumstances to determine whether the defendant is legally responsible for the plaintiff’s injuries. A personal injury attorney at our firm can look at the facts of your case and determine whether you have a legally valid claim, how soon you must act to preserve your rights, the damages to which you may be entitled, and whether you may be entitled to some type of financial benefits before your lawsuit is even resolved.
Additionally, you owe no legal fees unless and until the defendant pays the damage award.
Contact Us Today to Discuss Your Personal Injury Claims
We can effectively handle all of your personal injury claims, from nursing home negligence to slip and fall cases. Call us toll-free today at 877-823-7420.
