Personal Injury – Types of Claims

Personal Injury – Types of Claims

Personal injury claims may stem from a variety of sources which could encompass multiple tort claims. The most commonly litigated personal injury claim results from motor vehicle accidents. Through no fault of your own, an accident may occur, changing your life forever. Whether hit by a tractor-trailer, a front collision with a distracted driver, or a motorcycle accident, we have the experience and ability to represent your claim. If the accident occurred due to another person’s intentional or negligent actions, they may be held liable. Liability would include recovery of all damages acquired due to the accident. You may be entitled to compensation from the other party if they are found legally liable for causing the harm. 

Cases may arise from the intentional act of another, such as reckless conduct. Reckless conduct occurs when a party, person or business is aware of the harm they may cause, the substantial likelihood, and a great level of harm may result. However, more often than not, the injury arises from carelessness of the other person. When this happens, and you are injured as a result, your lawyer will pursue a theory of negligence against the other party. 

Negligence is a theory in personal injury law that provides that even if a harm is unintentional, a party may be liable for the injuries to another. For your attorney to be successful in your claim, all elements, or portions of the theory of injury must be proven. The party may then be found responsible to compensate your injuries. This may occur through either a judgement from the court and jury, or a settlement resolved between clients and attorneys. The amount of the award with depend on multiple factors but will be primarily based on the severity of the injury. Medical records and experts may be used by your personal injury lawyer to make sure you receive the necessary compensation you deserve.

Your personal injury attorney must be experienced and understand the law. In a theory of negligence, there are multiple elements that you, the plaintiff and your lawyer, has the burden of proving. In a negligence action, your personal injury attorney must prove:

  1. The defendant, the party you are seeking to hold liable for your injury, had a duty to act reasonably in the given circumstances.
  2. The defined duty was in fact breached by the defendant.
  3. The breach of this duty – be it action or inaction – caused the harm to you that occurred.
  4. The breach of their duty of care caused substantial harm to you or a loved one, and as a result have suffered financial damages. 

We are a network of experienced personal injury attorneys ready to fight for your rights. Choose experienced lawyers with proven results for all of your negligence claims.