Personal Injury Lawyer
The tort law that covers personal injury cases falls under the civil system in American courts. Individuals are allowed to sue for perceived wrongs and receive a legal remedy known as damages in compensation for their injury and associated pain. The thought is that the person would be “made whole” when someone was negligent and caused an accident. Sometimes it is not that easy because someone must be found at fault for the damage.
A Specialization
Personal injury is a specialization or type of law that helps thousands of injured people protect their rights each year. Although most people understand what property rights are, few realize that personal injury is more than a broken leg or injured back. The category of damages can include:
- Body
- Reputation
- Emotions
- Mindset
This covers intentional damaging acts of harm, careless and/or unintentional accidents, defamatory comments, and faulty consumer products. With so many different scenarios falling under those four areas, it is easy to see how convoluted the area of personal injury can be and why it is crucial to rely on a trusted personal injury lawyer.
A Determination
When one person acts blatantly and openly negligent, that conduct is determined to be the reason the injury occurred. However, some states rely on the fault resting on both party’s shoulders. That means a percentage of responsibility must be determined for each party to the suit. How is this done?
- There must be a duty that the defendant owes to the plaintiff. In this case, a sneeze would be much different than reading a phone text.
- That duty must be breached in some way that resulted in the damage. Hitting the back of another vehicle would cause damage, but what happens if it was a parked car that then rammed into another auto?
- The negligent action or inaction caused the injury or action that triggered harm. That sneeze or reading the text would cause the accident, but would the person sitting in a parked car be responsible for ramming into another vehicle?
- There were severe injuries or life-altering damages because of these actions or inactions. If three or four cars were involved in the accident, what percentage of negligent action does each driver own?
This is just one example. Cases can get very convoluted with legal data, which is why fault can be difficult to determine.
A Lawyer
Hiring a legal professional can help you determine who was at fault for your injury and whether you can be “made whole” if you suffered from someone’s negligent actions. If you or someone you love is suffering from a personal injury, contacting a personal injury lawyer from an experienced law firm like Hall Justice can help you understand your legal options.
