Personal injury is a term used in the legal world to refer to the injuries a person sustains on their body, mind, or emotions, as compared to damage to property. If you have sustained a personal injury, then you can seek compensation. Talk to a Fort Wayne personal injury lawyer today to figure out your next steps.
What kind of situations classify as personal injury?
- Accidents: If someone acts recklessly or carelessly and ends up causing harm, it is a personal injury case.
- Intentional Acts: If someone’s intentional acts have caused the injury, it is a case of personal injury.
- Defective Products: If a defective product causes you to get injured, you can file a personal injury lawsuit against the manufacturing company.
- Defamation: If someone’s defamatory statements cause you harm, you can file a personal injury claim against them.
How does a personal injury case work?
All personal injury cases are different, but the general steps that most personal injury cases take are:
- The at-fault party does something that causes the plaintiff harm
- The plaintiff determines that a legal duty has been breached
- The case either settles outside of court or goes to trial
How to prove negligence in a personal injury case?
Although this is not always the case, most personal injury lawsuits result from negligence. Negligence must be proved before you can hold the person or company responsible for the harm you suffered. To prove negligence, you must prove four things in court:
The plaintiff must first prove that the defendant owed a legal duty to the plaintiff.
Breach of Duty
After proving duty, it is also necessary to prove that the legal duty was breached.
The personal injury lawyer must also prove that the defendant’s actions caused the plaintiff harm.
The last element is to prove the damages. The personal injury lawyer must be able to prove that the defendant’s actions or negligence caused the plaintiff harm or injury in some way.
Talk to a personal injury lawyer and explore your legal options.
If you or your loved ones have sustained a personal injury due to the negligence of others, you do not have to suffer in silence. Your first step should be to talk to a lawyer. Get in touch with an experienced personal injury lawyer to explore your legal options and ensure your rights are protected.