Accidents happen, but when an accident is the result of someone’s carelessness or maliciousness, the victim may be entitled to monetary compensation. Personal injury incidents can leave victims with severe injuries that impact their ability to work, limiting or completely eliminating their source of income while expenses keep piling up. Thankfully, victims have legal options to help them recover financial compensation to support them through their recovery. By filing a personal injury insurance claim or pursuing a personal injury lawsuit, victims of accidents caused by another party’s carelessness or maliciousness can hold that party financially and legally responsible for any losses they suffered related to the injury caused by the incident.
If you or a loved one have been injured because of another party’s irresponsible actions, you may be able to hold them accountable through a personal injury case. Contact a trusted and qualified Rochester personal injury lawyer to learn what your best course of action is so you can recover full and fair compensation. The personal injury claim process can be complicated, and you may have many questions. With a skilled attorney at your side, you can be sure that you have an advocate throughout the entire process fighting for your best interests.
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Personal injury is a section of civil law that deals with the notion that individuals or entities who fail to exercise reasonable care to avoid harming others should be held financially responsible for the damages their victims sustain. Most personal injury cases are built on the theory of negligence to help establish a party as liable (responsible) for the damages (financial compensation) that the victim is awarded. Proving a party is liable through negligence requires establishing the following elements during an insurance claim or a trial.
In personal injury law, the idea of a duty of care is fundamental. Duty of care is a legal theory that applies to nearly everyone, most governmental entities, and public entities such as companies. The idea behind the theory of duty of care is that individuals and entities owe an individual a legal standard of reasonable care to prevent and avoid harming them. For instance, property owners owe their visitors a duty to ensure their premises are reasonably safe and not endangering them.
Breach of duty of care refers to the actions or inactions a person or entity took that caused an incident that resulted in the injury or harm to another person. Failing to take the necessary steps to avoid causing harm to a person is breaching the legal duty of care. If the carelessness, recklessness, or even malicious intent of someone leads to physical, emotional, or financial harm to a person, they are breaching their legal responsibility and can therefore be held liable for those damages.
Causation is the legal term used to describe the link between the individual or entity’s breach of duty of care and the harm that a victim suffered. Establishing a direct or proximate link between the responsible party’s breach and the victim’s injury is vital to the success of a personal injury claim.
In the context of personal injury law, damages refer to the compensation the victim may be eligible to receive. In most personal injury cases, the damages a victim can receive include:
The determination of damages awarded depends on the circumstance of your personal injury case. Generally, damages are calculated based on the extent of the harm you’ve suffered and the effect your injuries have and may continue to have on your life.
Personal injury cases can take many forms. They cover a variety of accidents caused by the recklessness or carelessness of a person or entity. Some of the most common personal injury cases include the following:
One of the most common types of personal injury cases are those that involve a motor vehicle. Car accidents, motorcycle accidents, and even pedestrian and bike accidents can leave victims with severe injuries. Even though most people are aware that reckless driving can have dire consequences, the road is filled with negligent drivers.
A slip-and-fall accident doesn’t sound like it could lead to severe injury, but these kinds of accidents can be dangerous, even leading to injuries such as traumatic brain injuries and spinal cord injuries.
Medical professionals are held to an even higher level of duty of care because they are legally responsible for the safety of their patients. When medical professionals fail to meet those standards of care either on accident or on purpose, it can lead to patients suffering immense pain and injury.
Companies that produce or distribute products to consumers are legally required to ensure their products are reasonably safe and provide adequate warning if there are risks associated with the product. When they fail to meet their legal obligations, it can severely harm the consumer and, in the worst cases, cost the consumer their lives.
In all the cases listed above, the worst-case scenario is someone losing their life. Surviving family members and loved ones can file a wrongful death claim to recover funeral and burial costs and other damages specific to wrongful death cases.
Personal injury accidents can have long-lasting impacts on victims, and they deserve to recover fair compensation from the liable party. Our personal injury attorneys at Knutson + Casey Law Firm are dedicated to helping injured victims pursue the compensation they deserve while they focus on their recovery. We aim to help achieve the best possible outcome on your behalf so you have the space to deal with injury and the consequences it has on your life.
Contact us today to start pursuing the compensation rightfully owed to you. Call us at (507) 344-8888 or fill out our contact form.