Personal injury law is one of the most diverse fields of the American civil justice system. There are many cases that fall under the purview of personal injury law, but they all have one thing in common: they can be random and feel unfair to the victim.
All it takes is one rogue driver flouting traffic rules by speeding to cause an accident and injure an otherwise obedient motorist, one medical error to aggravate a patient’s situation, or one manufacturing mishap for products to injure their consumers.
As you can see, these injuries tend to result from someone else’s negligence. Read on for more information on personal injury law.
What Is Personal Injury Law?
As you may have deduced, personal injury law covers cases where victims suffered injuries due to someone else’s actions or lack thereof.
This subset of the civil justice system dictates what situations qualify, who can file a claim against which parties, and what plaintiffs must do to prove their claim. It also covers the damages victims are entitled to should they be successful.
Types of Claims Under Personal Injury Law
Below are some situations that qualify as personal injury:
Accidental Injuries
Say, for instance, you sustained injuries due to someone else’s negligence or failure to adhere to their responsibility of keeping you safe; such cases fall under personal injury law.
Examples include medical malpractice cases, car accidents, and accidents in properties where the owners have been negligent in maintenance.
Strict Liability Claims
Negligence is not always a requirement to prove a personal injury case. A defendant can be held accountable whether they acted negligently or not, as is the case with strict liability claims.
For instance, manufacturers are expected to ensure their products are safe for consumers. In the same way, employers can be held accountable for their employees’ actions, regardless of whether the employer acted negligently or not.
Intentional Torts
This is when someone hurts you on purpose. Examples include assault and battery.
Elements of Personal Injury Cases
Five essential pillars form the bedrock of any personal injury case. For your claim to prove successful, you must show these elements. To that accord, the burden of proof in any personal injury case falls on you, the plaintiff.
Here are the five elements you need to prove to win your case:
Duty of Care
The first thing you must do to set precedence for your case is prove that the defendant owed you a duty of care. For instance, a store owner owes a duty of care to their customers. They must ensure their premises are safe for shoppers. Should any harm occur as a result of their actions or lack thereof, Connecticut personal injury law can hold them accountable.
Breach of Duty
You must prove that the defendant failed in their duty of care. For instance, you must show that the property owner failed to put up a “wet floor” sign, putting you at risk.
Causation
You must then show that this breach of duty of care was the direct cause of your injuries. For instance, you must show that the property owner’s lack of store maintenance led to your slip and fall accident.
Harm
You must then show the damages you suffered as a direct result of the defendant’s actions or lack thereof. Damages may include pain and suffering, lost wages, loss of earning capacity and any other damage you may have suffered.
“Proving the element of negligence in any personal injury case demands extensive evidence. That’s why you should go to the doctor, even if you feel fine – not just for your safety, but also to get evidence of the extent of your injury. Keep all the documentation safe, as they can prove valuable in strengthening your claim,” says attorney Jon D. Berman of Berman & Russo.
The Need for an Attorney
While our blog may have simplified this process, the reality is that personal injury law is complex. Handling it on your own may not be in your best interests. With the deadlines, paperwork, and cunning insurance agents to deal with, you may need advice from a Connecticut personal injury lawyer.
It can be difficult for you to meet the requirements to build a strong case. A slight mistake could undervalue your claim. This is why you should work with a personal injury attorney. Having handled cases like yours before, they know the ins and outs of personal injury law and can pursue the claim with your best interests at heart.