If you or someone you know has been injured, you will want to make sure you find personal injury lawyers to handle your case. You may be able to sue for damages such as medical bills, lost wages, and more. A good personal injury lawyer can help you get the money you deserve.
Negligence
If you have been involved in an accident, you may be able to obtain compensation for your losses, both financial and non-financial. You may also have suffered emotional trauma. An experienced personal injury lawyer can guide you through the process.
The first step to proving negligence is establishing a duty of care. For example, if you are driving through an intersection, you have a duty to use ordinary care in stopping or preventing an accident.
A duty of care can be tied to a specific job, such as an employee’s duty to perform their job correctly. It can also be attached to a daily task, such as obeying traffic laws.
In addition to establishing a duty of care, the plaintiff or plaintiff’s representative may be able to prove that the defendant acted with gross negligence. That is, they displayed a complete lack of concern for others’ safety.
One of the best ways to determine whether a company or person is at fault for an accident is to compare its actions to the actions of a “reasonable person” in the same situation.
Intentional torts
Intentional torts are legal wrongs done by someone on purpose. They range from defamation to assault. If you are inflicted with any kind of intentional tort, you may be entitled to compensation.
Some examples of intentional torts include defamation, false imprisonment, battery, and trespass. These can be considered criminal offenses or civil cases.
For example, if a driver crashes into a pedestrian while attempting to flee from a traffic crash, they can be charged with a criminal crime. However, the plaintiff may also be able to sue for civil damages.
The best way to determine if you have an intentional tort case is to consult an experienced intentional tort attorney. A lawyer will be able to help you understand the differences between an intentional tort and negligence and determine if you have a case.
Depending on the situation, you may be able to file a claim for self-defense. You should consider this if you are in a dangerous environment or in an abusive relationship.
Common damages claimed in a personal injury lawsuit
In a personal injury lawsuit, a person’s damages can vary depending on several factors. However, there are four basic elements to be included in a claim. They include a duty of care, causation, impact, and cost. If these elements are proven, the plaintiff is likely to receive a fair settlement.
The first element of a personal injury claim is a breach of duty. This means that the defendant’s behavior was negligent or reckless. It can be a simple accident, such as a car crash, or it can be an intentional act, such as assault.
Medical expenses are another common element of a personal injury claim. These are bills for doctor visits, prescriptions, and other medical services related to the incident.
Emotional distress is also a common element of a personal injury claim. Some types of emotional suffering can include sleep loss, loss of companionship, or feelings of anxiety.
There are also non-economic damages. These are usually less tangible than economic damages and cannot be accounted for using an invoice. Instead, lawyers use formulas or other factors to calculate the number of damages.
Cost of hiring a personal injury lawyer
If you have been injured in an accident, you may be wondering how much it will cost to hire a personal injury lawyer. The fee depends on the type of case. Some lawyers charge an hourly rate, while others work on a contingency basis. In either case, the attorney is compensated based on how well the case goes.
A personal injury lawyer charges a percentage of the gross settlement. For example, if the client received a $100,000 settlement, the attorney will receive 30 percent of that amount. However, if the case was to go to trial, the lawyer would charge slightly more.
Most attorneys put their fee agreements in writing. This ensures that both the client and the lawyer know exactly what they are paying for. Also, the fee should be reasonable given the level of skill needed to handle the case.
Personal injury lawyers generally advance all of their expenses in advance of the case. They are reimbursed with a settlement check.
