If you or your property is injured or harmed because of a party’s act (or failure to act), you may have a personal injury case. Personal injury cases are covered by tort law. In a successful tort action, the party who caused injury or harm is required to compensate the party who suffered damages.
Every tort claim has two basic issues: liability and damages. Was the defendant liable (responsible) for the damages (harms / injury) the plaintiff sustained? If so, to what extent? If liability and damages are proved, the plaintiff may be entitled to compensation by the defendant—enforced by our justice system.
Most personal injury claims arise from automotive accidents. On the road, all drivers have a duty to exercise reasonable care. The failure to exercise such care is referred to as negligence. Personal injury law states that you can recoup your losses from a negligent driver’s actions. Negligence is the basis for most personal injury lawsuits, including car accidents and medical malpractice.
Other than negligence, you can have a basis for a personal injury suit if you can prove strict liability. In tort law, this holds designers and manufacturers liable for injuries stemming from defective products. The injured person does not have to prove that the manufacturer was negligent, instead just needing to show that the product was designed in a way that made it more dangerous than intended.
Intentional wrongs are another basis for personal injury cases. For example, if someone hits you, you may be able to win a suit for battery. Or, if you are incorrectly detained for shoplifting, you may be able to win a suit for false imprisonment. Defendants are often criminally prosecuted in these types of cases, but it is important to note that you can file civil suits against these same defendants that will remain separate from the criminal charges filed by the government.
If you win a personal injury case, you can expect a judge or jury to reward you with financial compensation. The amount may include compensation for medical bills and lost wages, as well as for future wage losses. You can also be compensated for physical pain and suffering, as well as any physical disfigurement or disability that resulted from your injury.
A serious accident can potentially change your life forever. Whether the accident was caused by carelessness, negligence, or even by malicious design, its lasting effects can be hard to overcome as you continue with your life.
At Krupa Law Group, we are committed to fighting for our clients and their loved ones to get the fullest, fairest recovery they deserve.
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