If you have been injured and someone else was at fault for your injuries, it is entirely understandable if you are wondering what, if any, rights you have for seeking damages. Since no two accidents are every truly the same, there are simply a few different guidelines that the injury (and the situation that caused the injuries) must meet in order to be considered as a tort violation. There are many different examples of common personal injuries, such as car accidents, slip and fall injuries, medical malpractice, and more, but instead of going through each of them in great detail, we will instead discuss the high-level questions that you need to answer for yourself right off the bat.
If this already sounds like it is going to be a complicated process, it’s because it will be. Luckily, there are lots of personal injury attorneys available who can go through your case and give it a closer look, and ultimately help you navigate this complex world of tort law while fighting for the personal injury damages that you actually deserve. The King Law Firm offers free initial consultations to those who are either unsure of whether or not their situation is eligible for legal action, or to those who would like to learn more about their firm can help them.
Take a look below at a general overview of what makes an injury a personal injury, but the best thing that you can do is get in touch with an attorney as soon as possible and get their opinion early into this process.
The Basics of a Personal Injury
The Other Party Had a Duty of Care
The first step to determining if you have a case is to understand if the other person or party had a duty to use a reasonable amount of caution or care in their actions to keep you safe. Some common examples of this duty is the responsibility that all drivers have on the road to keep their passengers and the others around them out of harm’s way by driving safely.
The Party Breached Their Duty
After you have determined that the other party did, in fact, have a responsibility to keep you safe, you must then prove that they breached this duty. For example, if you fall on a broken staircase at the local shopping mall and break your arm, it can be reasonably argued that the people responsible to maintain the staircase in order to keep the visiting public safe.
The Breach of Duty Caused an Accident
If someone drives while they are drunk and they are arrested at a traffic stop for DUI, but they have not caused any injuries, then they are guilty of a criminal violation and have breached their duty of keeping those around them safe, but will not be sued by anyone for a personal injury because there was no accident as a result of this breach. However, if someone is driving drunk and causes an accident, this breach DID cause injury and leaves them open to civil actions in addition to their criminal charges.
There Were Measurable Damages As a Result of the Accident
Finally, you must have suffered from measurable damages that you are seeking compensation for. While in many cases the damages are financial in nature, and therefore simple to calculation, there are other aspects of an injury that do not cause financial impact, known as non-economic damages. These types of damages include things like pain and suffering, and because there is no “receipts” with these types of injuries, working with a good attorney is very important.
