Personal Injury claims fall under a legal matter called tort claims. A tort is an action that caused some sort of damage. According to the American Bar Association, “Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages.” So, two questions are always asked anytime there is an intention of filing a tort claim: Was the defendant liable for the damages you sustained? And what is the nature and extent of your damages? Personal injury would be considered a nature of damages and in order to file a personal injury claim, you would have to prove that your injuries are a result of one of the five categories that classify a tort: negligent actions, strict liability, intentional torts, miscellaneous torts, and cases that revolve around product liability.
Most of the time a personal injury claim would be against an individual, business, or institution who is liable due to their negligent actions. Personal injury can occur in any situation that holds another individual or entity liable. Most instances that lead to a personal injury claim against an at-fault party fall under 3 categories: Motor vehicle accident, slip and fall, and medical malpractice. In motor vehicle accidents, it’s sometimes difficult to prove fault, which is why calling a police officer to the scene of the accident is imperative to your case. In slip and fall cases, also called premise liability, the accountable party is typically the owner of the property where your injury occurred. Medical Malpractice cases are often more complex because there are many aspects of a medical procedure that can cause your injury, not just the doctors. For further explanation of the common personal injury cases, check out the personal injury blog on our website!
There is a lot that goes into a personal injury case because you have to be sure to have proper proof that the defendant is fully liable and that your pain and suffering was initiated by the incident at hand. Having an experienced personal injury attorney represent you will ensure that your personal injury does not create a financial burden for you as he fights to get you the proper compensation you deserve. Unsure if you have a basis for a personal injury claim? You can contact the Law Offices of Andrew G. Rosenberg, P.A for a free consultation to find out!