Personal Injury Claims: Negligence, Damages, And Other Basics

If you have suffered an injury as a result of another party's actions

, you may be able to file a personal injury claim. However, in order for your lawsuit to have merit, there are certain elements that must be established. Two common legal elements that may play a role in your case include: negligence and damages.

Negligence

Negligence is a legal concept that refers to conduct that falls short of what a reasonable person would do to protect another from foreseeable risks of harm. Negligence is the basis of many personal injury lawsuits and can be applied in a variety of ways.

For example, in claims involving auto accidents, it can be shown that the responsible party acted negligently if they were driving recklessly, driving while intoxicated, or otherwise acting in a manner than exposed other drivers to potential dangers.

In cases involving medical malpractice, victims may be able to show that a healthcare professional acted negligently if they failed to provide care that met the acceptable standards of their profession.

Damages

In addition to negligence, it is important that personal injury claims are able to establish damages. Damages can include medical bills, lost wages, pain and suffering, and property losses. Occasionally, damages can also include punitive damages, which are damages awarded to the victim that go beyond the damages incurred as a result of the injury. Punitive damages are meant to punish the defendant for their actions.

Typically, injury victims will seek legal representation to address issues like negligence, damages, and other legal elements that must be established prior to filing a claim. An experienced personal injury lawyer will be able to evaluate your case, determine the parties that may be held responsible, and recommend the best course of action to pursue to protect your legal rights. Your lawyer can also ensure that your claim is filed in an accurate and timely manner.

by: Penelope Stone

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