Personal Injury Lawsuit

Personal Injury lawsuits arise when one person is injured due to the negligence or fault of another person. In the event of a medical malpractice or a wrongful death case, an individual may file a personal injury lawsuit on behalf of a loved one. Specific guidelines apply to personal injury lawsuits that differ depending upon the state in which the suit is brought and other circumstances. Overall, personal injury lawsuits are intended to provide compensation to the injured party.

To have a successful personal injury lawsuit liability and damages need to be established. The party that is filing the personal injury lawsuit must show that the individual or business had legal responsibility for the injury. Damages in a personal injury lawsuit refer to the extent of injuries and loss suffered from the defendant's negligence.

Liability and damages in a personal injury lawsuit can be established on several bases: negligence, strict liability and intentional wrong. Of these, intentional wrong is the least often used in personal injury lawsuits, and may be brought in conjunction with criminal charges. Negligence means that the defendant is accused of causing the injury through a failure to prevent it. Personal injury lawsuits based on negligence include slip and fall injuries or reckless/inattentive drivers who cause car accidents. If a personal injury lawsuit is based upon strict liability, the company whose defective product was responsible for the injury may also face charges. Strict liability applies regardless of malice or negligence, as long as the product was being used as intended.

Most personal injury lawsuits are settled outside of court prior to a trial. Personal injury lawsuits that do go to trial may either be heard by a judge or a jury, who will make a legal decision regarding the fault and extent of damages. In some personal injury lawsuits, the judge will determine the amount of money awarded to the plaintiff, in others, the jury is permitted to make that decision.

Personal Injury lawsuits are extremely complex so it is critical to contact an attorney who has experience in personal injury lawsuits as soon as possible. A Personal Injury Attorney For You can help put experienced attorneys in front of you so you can chose the best attorney for your case.