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Personal Injury
(Auto accidents, slip and fall, medical malpractice, etc.)
As you may know, in legal terms personal injury refers to an injury to the body, mind or emotions, as opposed to an injury to property. The most common type of personal injury lawsuit results when a person has been injured by a person’s or company’s negligence (an accidental wrong). The most common negligent acts and most common personal injury lawsuits are automobile accidents. However, other common personal injury lawsuits result from medical malpractice, accidents at work, slip and fall accidents, assault, accidents in the home, product accidents or product liability, industrial disease cases including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, etc.), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases.
In any negligence case, there are four elements that all must be proven in order for an injured plaintiff to recover. These four elements are 1. duty, 2. Breach of that duty, 3. causation, and 4. damages.
The first element, duty, is the legal duty the defendant owed to the injured party that would have prevented the injury. For instance, every driver on the roadway owes a duty to every other driver and pedestrian to operate his or her vehicle in a reasonable way. If someone fails to operate their vehicle in a reasonable way, that is a “breach” of their duty of care.
The third element then requires an injured plaintiff to prove that the defendant’s breach of his or her duty was the actual cause of the plaintiff’s injuries. Finally, the injured plaintiff must prove in a firm fashion all monetary damages he or she has suffered or will continue to suffer. Those damages could include hospital bills, loss of income, permanent disability, pain and suffering, loss of quality of life, future loss of income or medical care, etc.
Personal injury cases as a whole tend to be very complicated and normally require expert testimony to prove any one or all of the four elements necessary to obtain a favorable verdict from a judge or jury. There are also time limitations in personal injury actions forcing an injured party to file a lawsuit or forever lose their ability to recover. If you have been injured in an accident and/or as a result of someone else’s actions or lack of care, please call us immediately to set up an initial evaluation of your case.
Please contact us today at 757 463 4900 for an appointment.