| | PERSONAL INJURY OVERVIEW
The term “personal injury” is a general term encompassing a wide variety of lawsuits. Generally, these cases are based around the tort of “negligence.” The tort of negligence occurs when a person (or corporation) fails to observe a recognized “standard of care” and an injury results. Generally there are four elements of a negligence lawsuit that all must be proven beyond a preponderance of the evidence, they are:
1. Duty: The Defendant had a legal duty requiring him to conduct himself according to a certain standard, so as to avoid unreasonable risk to others. This standard is generally thought of as a “reasonable standard”.
2. Breach of Duty: The Defendant failed to conform to the duty or reasonable standard as explained above. This element can be thought of as "carelessness."
3. Causation: A sufficiently close causal link between defendant’s act of negligence and the harm suffered by plaintiff. In other words the defendant’s breach caused the harm to the plaintiff.
4. Damages: Actual damages suffered by plaintiff, i.e. personal injury, wrongful death, pain and suffering.
In modern society, personal injury lawsuits are used to protect individuals from the negligent acts of others on American’s highways, in the operating rooms, construction sites, and even on the internet.
If you or someone you love has been involved in an accident and sustained personal injuries, contact an attorney FOR FREE below. An attorney will personally review the information you provide and may contact you to discuss your legal options. |
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