Personal injury claims rise and fall on the proof of negligence. If someone suffers an injury through no fault of their own, they may look for someone or something else to blame. While the range of injuries may vary from superficial, temporary or catastrophic, the scope of negligence in proving any or all is the same. There must be a preponderance of the evidence that you were injured as the result of someone else’s poor judgment. Become familiar with what constitutes negligence and how it factors into a personal injury claim.
Negligence and Litigation
When filing a lawsuit, specific parameters must be met. In personal injury litigation or tort, negligence means that the defendant did not perform a basic or fundamental duty to keep others safe. Careless and reckless behavior that causes harm to others falls under this umbrella definition. Whether the action was something that the person set out to do or not is of little consequence. If the result of this behavior was an incident that caused another harm, the fault and negligence might be attributed to the defendant.
Personal Injury Examples
To assess whether your situation qualifies under personal injury laws, it may help to have some examples of typical cases.
Medical malpractice: When a doctor or medical professional does something that causes further injury, a medical malpractice claim may be appropriate to file.
Motor vehicle accident: Getting hit by another vehicle maybe just a matter of the wrong place at the wrong time, or it may be due to another driver’s conscious decision to break the law. If the accident is due to a road condition, such as construction, the negligent party may be the business performing the work.
Dog bite: Dogs should be restrained at all times, especially out in public. A dog who is off the leash, wandering in an unfenced yard or not properly stowed inside a stranger’s home may prove dangerous.
The most challenging aspect of a personal injury case is proving negligence. While in some situations, this might be easy; in others, the process requires intensive research and investigation. In medical malpractice cases, for example, expert witnesses are usually called upon to provide a written report for the court. These professionals are branded experts due to their experience in the same field as the defendant. They are asked to examine the record and render an impartial professional opinion. The court often considers a qualified expert opinion tantamount to a finding of negligence.
If you have a case where negligence exists, you may recoup some of the money you’ve lost as a result of the injury. A personal injury lawyer may be able to assess your claim and help you along in the process.