What Is Personal Injury Law?
A personal injury case begins when an individual is injured due to the negligence of a third party. The purpose of personal injury litigation is to ensure the people that are responsible for an accident compensate for the losses that they create. Personal injury cases can compensate a victim of an accident for medical bills, lost wages, and additional damages.
Do I have a Personal Injury Case?
In a majority a personal injury matters you are required to prove that the other person acted irresponsibly and as a result of their reckless actions you were harmed.
This irresponsibility or lack of care is known in the legal world as negligence. In other words, negligence is the failure to apply the duty of responsibility expected of an individual in order to reduce the chance of injury to another somebody. To prove negligence resulted in an injury you must demonstrate:
- The defendant owed the plaintiff a duty of care
- The defendant breached his/her duty of care
- The plaintiff was injured
- The causation of the plaintiff’s injury was the defendant’s breach
Consider the following example. Driver A goes through a red light. He/she collides with Driver B. If injured, Driver B can bring a civil claim versus Driver A to compensate for damages. The fact that Driver A did not intend to hurt Driver B is not-important (unless this is a criminal matter). Driver A had a duty of responsibility, breached his/her duty of responsibility and the breach caused harm to Driver B.