Personal injury is physical injuries, mental injuries, or property damage caused to you by another party’s negligence. This type of injury may allow you to file a personal injury lawsuit against the at-fault party to recover compensation for the adverse financial consequences of their actions.
Personal injury claims can include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Construction accidents
- Animal attacks
- Premises liability
- Wrongful death
- And more
Four elements must exist in any personal injury claim:
Injury — Legally, an injury occurs only when serious symptoms continue after the accident. For example, if you slip and fall on someone’s property and only suffer a painful bruise that disappears in a few days, you have not been legally injured.
Liability — The person or business entity you blame for your injury must have legal liability. There must be something that this entity or individual was legally required to do (or not to do), and their failure to do so caused your injury.
Duty (or “duty of care”) — A person or legal entity is required to act toward others and the public with “watchfulness, attention, caution, and prudence with reasonableness.” If a liable party’s actions fail to meet their legal duty standard, then the injured party may claim negligence and damages.
Damages — The amount of money a plaintiff (the injured victim) may be awarded in a lawsuit. There are many types of damages that your personal injury lawyer can explain further. However, damages typically fall into two basic categories: (1) actual damages (those the defendant owes you directly); and (2) punitive damages (additional monies levied against a defendant to punish his or her conduct).