Personal Injury Law
What you need to know about personal injury lawsuits
Personal injury law is a major branch of tort law, which covers claims for civil damages arising from negligent actions. Most often, personal injury lawsuits are launched by victims seeking financial compensation from persons deemed liable for those injuries. It is incumbent upon the plaintiff's attorney to prove the defendant's actions or negligence led to the injuries; otherwise, personal injury damages cannot be awarded.
The key issue at the heart of any personal injury claim is whether or not the defendant had a legal duty to act or refrain from acting in the manner which caused injury. To better understand personal injury law, it is vital that you comprehend a concept known as the "standard of care" and closely consider whether or not it applies in any case in which you suffered injury.
Personal Injury Lawsuits and the Standard of Care
The "standard of care" refers to the element of reasonable caution and rational judgment that comes into play whenever multiple parties interact with one another. It is circumstantial, meaning that the exact requirements of a standard of care are unique to every situation.
Every person is legally obligated to honor what is known as the "duty of care," meaning that they must exercise good judgment and reasonable caution whenever they engage in activities that could conceivably harm another person. In order for an individual's actions to be legally considered negligent, it must be proven beyond a reasonable doubt that their actions violated duty of care obligations. This is true of all personal injury lawsuits, from medical malpractice claims to car accidents.
Make a Personal Injury Claim
The first step you should take if you were injured as a result of what you believe to be the negligent actions of another is to contact a personal injury lawyer. You should document anything and everything you can in regards to the accident, including witnesses, medical expenses, pain and suffering, and any loss of salary or income.
Typically, a personal injury settlement will accurately reflect the extent of your pain, suffering and inconvenience. Remember that lawsuit damages are not awarded for the profit of the victim; rather, they are intended to fairly compensate the victim for their injuries.