Nobody wants to be in the position where they find themselves injured during an accident, especially when the cause of that accident was out of their control. Being on the receiving end of such a situation when it is caused by another person or group can be a frustrating experience, but there are legal steps a person can take.
By partnering with an accredited personal injury lawyer who has experience with your case, it’s possible that financial compensation could be on the horizon. Learn everything you need to know about the basics of personal injury prior to contacting a lawyer.
What is Personal Injury?
To those unfamiliar, personal injury falls under the umbrella of tort law which involves making one party whole after they or their property have been harmed due to the actions or inactions of another party. With personal injury specifically, it is most commonly seen when a person suffers some type of injury unintentionally at the hands of someone else.
Common Examples of Personal Injury Cases
There are a number of different situations in which a personal injury case may apply, but some of the most common examples include:
- Slip and fall accidents where proper signage was not displayed
- Off-leash animals attacking people
- Medical malpractice incidents where healthcare professionals violated their oaths
- Certain vehicle-on-vehicle or vehicle-on-pedestrian collisions
- Product defectiveness lawsuits
Each of the above are simply examples of personal injury cases that pop up quite often. Should you be unsure whether your case qualifies for a personal injury lawsuit, there are over 108,000 active attorneys in Texas who can be contacted to verify whether your situation fits.
How Much Can a Person Win from a Personal Injury Case?
The amount that a person can win from a personal injury lawsuit depends heavily on the details of the case itself and the type of personal injury lawsuit. However, the average median amount that a person walks away with tends to fall near $30,000. This can skyrocket into the hundreds of thousands for certain types of personal injury cases, with medical malpractice and product defectiveness being key examples.
How a Lawyer Helps You Prove Personal Injury
In some cases, a person may not see the benefit to hiring a personal injury lawyer for their case despite there being numerous benefits. Personal injury lawyers can help a person identify to the court that each of the following four necessary components of winning the case existed:
Duty of Care
Firstly, a lawyer can help a defendant establish that the plaintiff had a duty of care to keep them from harm. All this means is that the plaintiff had an obligation to act in such a manner so as to keep those around them from harm by acting reasonably. For example, a plaintiff who knows their dog has an aggressive history has a duty of care to keep their pet on a leash or restrained at all times.
Breach of Duty of Care
Secondly, a lawyer can help a defendant establish that there was a breach of the aforementioned duty of care owed to them. This means that rather than acting reasonably, the plaintiff acted with negligence. Sticking to the same example, a plaintiff allowing their aggressive animal to roam off-leash with a number of people around could qualify as a breach of their duty of care.
Third, and perhaps most complicated, a lawyer can assist with drawing the lines of causation between the breach of duty of care and the accident. It must be shown that the actions of the plaintiff directly led to the events which caused the injuries the defendant sustained. Should the dog that was let off-leash immediately charge a person and begin attacking them for no reason whatsoever, causation could be found.
Finally, a lawyer can walk a defendant through what type of damages to file for with the court so that the damages align with their injuries. This is the fourth and final component of successfully proving and winning a personal injury lawsuit.
The Bottom Line
Injuries caused in an accident can either be instant or they may appear over the years which can be particularly frustrating. Regardless of what your personal injuries look like, don’t settle for inaction as you may be leaving money on the table. Contact a personal injury lawyer as soon as possible to see what steps you may be able to take in order to rectify the situation.