Personal Injury Cases: Injuries Due to Negligence
As far as most personal injury cases are concerned, the person who has suffered an injury relies on building a case of negligence against another person. The legal definition of negligence uses two key elements which are ‘duty of care’ and the breach of that duty. There are different types of claims that can cite negligent conduct such as car or motorcycle accidents, tractor trailer accidents, and premises liability claims, slip and fall, etc.
Duty of Care
A duty of care is a legal term used in personal injury cases and the first element in establishing negligence. It refers to the responsibility of an individual to provide a standard of reasonable care, ensuring that no harm comes to another person during activities. When filing a claim, the injured person will have to establish that the accused had a duty of care in the situation. The injured person will then need to prove that the defendant failed to meet that duty or that there was a breach in the duty of care. The last step is to establish the extent of injuries suffered by the claimant.
If you have suffered a personal injury due to another person’s negligence, you may be able to recover compensatory or punitive damages. Compensatory Damages are damages that you may have incurred as a result of your accident. These damages typically include medical bills, prescription bills, lost wages, and more. Punitive damages come into the picture if driver causing the injury was intoxicated or was driving recklessly.
What to do after incurring injuries
Of course, taking care of yourself should be of utmost priority after you get injured. You should seek appropriate medical treatment for your injuries. If possible, you should also take some pictures of the accident scene which can help in establishing the legal case. The extent of injury can be shown by jotting down your progress and also documenting doctor’s notes. Additionally, you shouldn’t speak with any insurance company without first speaking to your lawyer. Needless to say, you shouldn’t be signing any documents with insurance agent without consulting a lawyer first.
Hire a Lawyer
Dealing with personal injury cases based on negligence is often quite complex. The negligent party’s insurance company will most likely have a professional team of trained lawyers and adjusters to protect their interest. Hiring a lawyer to protect you is the wisest thing to do in such cases. You should contact your lawyer before dealing with the insurance company.
Law Office of John C Lannelli has been helping people deal with cases involving personal injuries for years. If you have further questions about personal injury, don’t hesitate to call Law Office of John C Lannelli at 856-227-2434. We are here to help answer all your questions.