Injuries can occur anytime and anywhere. If you have suffered physical or emotional harm because of another person’s or company’s negligent or reckless acts, or failure to act, you can file a claim against the party or parties at fault. You may be entitled to recover monetary damages for pain and suffering, lost wages and payment of reasonable medical expenses (both present and future).
If your claim cannot be settled, you must prove in court that you have been injured by another party’s acts to win a personal injury claim.
Personal injury victims are called plaintiffs. Parties accused of causing harm are called defendants. A tort is a legal wrong for which the law allows money damages as a remedy. There are several different types of tort claims for which a lawsuit can be filed, including:
- Negligence is failure to exercise the standard of care required by the law to protect others from an unreasonable risk of harm. A defendant may be found negligent even if the act that caused a harm was not intentional. On the other hand, a defendant may claim that the plaintiff was also negligent and contributed to his or her own injury, or that the defendant knowingly assumed a certain amount of the risk related to an injury. Buying a lift ticket at a ski resort would be an example of knowingly assuming the risk of injury inherent in skiing. The term “standard of care” generally means the conduct and behavior of a reasonably prudent person under the same circumstances.
- Absolute liability, also referred to as strict liability, means liability that is imposed upon a defendant regardless of negligence or fault. Absolute liability typically exists for persons or companies who control activities or produce products that carry an inherently great risk, such as, for example, explosives manufacturing, ownership of dangerous animals, or operation of a skydiving business. Also, employers generally are strictly liable for occupational injuries to their employees, regardless of the inherent risk associated with the type of work performed.
- Intentional torts are intentional acts or failures to act that result in harm to another person or damage to another person’s property. Examples include assault, battery, trespass, false imprisonment, fraud, libel, slander, and intellectual property infringement. While the first few of these acts may be prosecuted criminally, it is also possible for a victim to bring a separate civil lawsuit to recover damages.
Physical personal injuries for which damages may be awarded can include disability, loss of limb(s), permanent scars and disfigurement, and loss of any of the five senses. Emotional harm can include embarrassment, mental anguish, the loss of love and affection, emotional trauma and loss of enjoyment.
As you can begin to see, personal injury is a complex area of the law, and it is vital that you seek guidance from a competent attorney. Also, personal injury claims are subject to a statute of limitations, which means that a victim has a limited time period during which he or she may file a lawsuit. It is important that you consult an attorney at the earliest possible date if you believe you may have a valid claim, so that you can protect your legal rights. We do not charge any fee for consultations of this sort.
If you or a friend or family member has been injured as a result of someone else’s negligence, we would be happy to review and evaluate your case. We do not charge any fee for consultations of this sort.