Accidents happen. In the United States, accidents happen every day that result in serious injury or death for some people. Whether it is a motor vehicle accident, a defective product, or due to medical negligence or any other type of accident resulting in personal injury, the result is often the same every time. These cases result in significant medical costs many times out of pocket for the injured person, loss of income, as well as pain and suffering. Sometimes an accident is just that, an accident and no one is at fault. However, many times one person may be legally liable for the injuries of another. A person is liable for someone's injuries if that person was legally negligent or intentionally tortured the victim.
In order to determine whether someone is liable for negligence, the injured party or their survivors must prove that:
- The defendant had a duty to be careful with the party that was injured.
- The defendant breached the duty to be careful by not acting as a prudent and reasonable person would have done in the circumstances that gave rise to the accident;
- The defendant failed to comply with the duty to be careful in causing injuries that would not have occurred had it not been for the defendant's conduct; Y
- The plaintiff is entitled to compensation for damages due to the above elements of negligence.
Lawsuits involving common accidents such as motor vehicle accidents, workplace accidents and medical malpractice are often based on alleged negligence.
Intentional torts are different from negligence because, by definition, they require the wrongdoer to act with such deliberate intent to cause injury. Some common examples of willful torts include assault, beating, false imprisonment, trespasses, slander, defamation, and intentional infliction of emotional stress. The elements of each of these torts vary, but all require the plaintiff to prove that the defendant acted with the deliberate intent to cause harm.
Although a plaintiff can request that a court find a defendant liable for injuries caused due to negligence or intentional tort, the plaintiff will not recover damages unless he proves all elements of his case. The plaintiff's attorney will gather all the evidence during the disclosure phase of the claim through means such as depositions, questioning, and request for the production of documents that the attorney will use for presentation to the court at trial or to the other party. in the establishment of negotiations.
The amount of potential liability of a defendant depends on the evidence that is admitted in court and the extent of the injuries. Generally, if a plaintiff is successful at trial or the defendant agrees to settle the case before a verdict is rendered, then he or she is entitled to compensation for economic losses such as medical bills, rehabilitation costs, lost income, and non-loss. such as pain and suffering, caused by the defendant.
If you, or a loved one, has been injured and you believe that your injuries were caused by someone else, then you have important legal rights to protect as well as the right to compensation for your injuries.
Talk to a Qualified Personal Injury Attorney Today
This article is intended to be helpful and informative, but legal matters can be complicated and stressful. A qualified personal injury attorney can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local personal injury attorney to discuss your unique legal situation.