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Personal injury law is an ever-changing area of the law, and it can take time to know where to start with a personal injury claim. However, you may be entitled to compensation whether it was your fault or not.
Who Has the Right to Sue for Personal Injury?
You may wonder if you have a case and are eligible to file a personal injury lawsuit. The answer depends on a few factors, such as the severity of your injuries and the liable party. Consult an experienced personal injury attorney who can evaluate your situation and give you the best action.
Proof of Negligence in a Personal Injury Case
A personal injury case involves a claim that the defendant owes you a duty of care and breached this duty and that you suffered damages as a result. A driver who hits a pedestrian could be liable for any resulting injuries. Damages can include physical and emotional injuries, earnings loss, and property damage.
Strict Liability in a Personal Injury Case
The defendant is liable for the plaintiff’s injuries regardless of fault in a personal injury case. This case is different from negligence, which requires the plaintiff to prove that the defendant was at fault for their injuries. There are three situations in which strict liability applies: engaging in an inherently dangerous activity, creating a dangerous product, or violating a safety regulation.
Common Defenses to Personal Injury Claims
You should be aware of several common defenses to personal injury claims. You may not be able to recover damages if the defendant can prove that you assumed the risk of the accident, and the defendant may also prove that the accident was due to an act of God or nature.
How Much Is My Personal Injury Case Worth?
The value of your case will also be affected by how severe your injuries are. Minor injuries requiring only a short medical treatment and no missed work are worth less than more serious injuries.
Lastly, do not hesitate to contact a personal injury lawyer if you or a loved one has been injured.