A personal injury happens when someone suffers an accident because of the negligence of another. That is the basic gist of personal injury cases, but a few more factors are required before an accident can be considered a personal injury. Personal injury is a very broad, encompassing legal practice, and hundreds of personal injuries occur each day, making them the most common kind of legal case. Personal injuries are so ubiquitous that many people might not realize they suffered a personal injury even though their accident meets all the criteria.
That is why Tyrone Maho, a Ventura County personal injury attorney, recommends that anyone who suffered an accident that was caused by someone else contact a personal injury lawyer as soon as possible. The reason is that personal injury victims are entitled to receive compensation from the insurance company of the party that caused the accident. That compensation is used to pay for the expenses caused by the accident, such as medical bills, repair bills for damaged property, lost wages, pain and suffering and emotional distress.
So if you were injured in an accident that was caused by someone else’s negligence, be sure to contact a personal injury lawyer as soon as possible.
The Elements of a Personal Injury Case
For a personal injury case to be valid, it needs to have the following elements.
1. The Victim was Owed a Duty of Care – A duty of care means that a person is obligated to act in the way that a reasonable person would under similar circumstances. That means they should behave in a way that minimizes the chance of harm to others. So, a driver shows their duty of care to others by obeying all traffic laws, driving sober, and paying attention to the road.
2. The Duty of Care was Breached – This is also known as negligence and means that a person was acting carelessly or recklessly, showing no regard for the safety of others.
3. The Negligence Caused an Accident – While negligence is always bad, it only becomes a problem when it leads to an accident. So, a person who speeds is reckless, but their negligence becomes a bigger problem when it causes an accident.
4. The Accident Caused Losses For the Victim – Those losses—aka damages—could be economic, such as medical or repair bills. They could also be non-economic, such as pain and suffering or PTSD.
Personal injury cases are usually accidents, but there are times when they can be intentional acts, like assault and battery. Even though those are criminal acts, victims can file a personal injury claim to get compensation from the perpetrators.
Most Common Types of Personal Injury Cases
The following are some of the more common kinds of personal injury cases that occur across the country.
● Car Accidents- These are the most common since hundreds of car accidents happen each day, many of which are caused by negligent behavior. They can range from minor to life-threatening.
● Motorcycle Accidents – These are also very common because motorcycles are smaller than four-wheeled vehicles, so drivers may not see them. Since motorcycles offer little protection, riders can get seriously injured in motorcycle crashes.
● Premises Liability – This is when a person suffers an injury on a commercial or residential property. The most common kind of premises liability is a slip and fall, but the accident victim must have been on the property legally for the case to be valid.
● Product Liability – This is when a person suffers an injury from a defective product. The person must have been using the product in its intended manner to have a legitimate case.
Contact an Attorney if You Suffered a Personal Injury
If you suffered a personal injury, then you are owed compensation from the at-fault party. But, if you want the best chance of compensation, you will need to hire a personal injury attorney to represent you. They can gather evidence, calculate how much compensation you need and negotiate with the insurance company.