Personal Injury
Personal injury law includes a vast array of cases. These cases include motor vehicle accidents, slip and fall claims, assault claims, product liability claims and wrongful death claims to list a few. A personal injury is term used for an injury to the body, mind or emotions, as opposed to an injury to property.
If you or a family member has suffered a personal injury as a result of the wrongful conduct of another, you may be entitled to seek recovery of compensatory damages which can include compensation for medical expenses, pain and suffering, loss of earnings and future loss of earning capacity. Further, if the conduct is egregious, you may be able to recover punitive damages, which are intended to punish and discourage wrongful conduct.
The person or entity responsible for a personal injury is known as a "tortfeasor". This person or entity will be held responsible for damages of the plaintiff if it can be proven that the person or entity was negligent. Generally a plaintiff must show:
- There was a duty of care owed to the plaintiff
- The tortfeasor acted negligently or otherwise in violation of the applicable standard of care
- Such deviation from the prevailing standard of care was the cause in fact of the injury
- That the plaintiff was injured or suffered damage
In a personal injury lawsuit, it is the plaintiff's burden to prove each element of the plaintiff’s case by a preponderance of the evidence. In other words, plaintiff must prove that it is more likely than not that each of the factors set forth above existed under the facts of their case. Personal injury cases can be complex and the law limits the amount of time you have to pursue your claim. A person injury attorney can pursue your claim and make sure your rights are protected. A personal injury attorney will often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved or when the plaintiff receives compensation from the defendant.
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