Do I have a personal injury case? Stated simply, an individual has a personal injury claim when they have suffered an injury due to another person’s or a company’s negligence.
In legal terms, when a person or a company causes injury to another through intentional or careless actions, it is called a “tort.” Understanding injury law and whether you have grounds for a personal injury case is a common question and depends on a number of facts and legal issues. Contact a personal injury lawyer in Charlottesville to learn more.
The Tort of Negligence
The most common type of tort for personal injury cases is negligence. Negligence is the failure to behave reasonably and protect others from risks that could cause them harm.
A judge and jury examine the defendant’s conduct through this lens to determine if an individual engaged in negligent actions. If the defendant’s conduct falls short, the jury favors the plaintiff.
Examples of negligence include:
- Distracted, speeding, or intoxicated drivers who cause car accident injuries
- Premises liability accidents caused by property owners who didn’t fix known hazards
- Product liability accidents caused by design flaws, manufacturing, or warning flaws; strict liability applies here
- Medical malpractice occurs when doctors provide substandard care, such as diagnostic or surgical errors
Negligence can take many forms, but each one is based on the same principle that the defendant didn’t take reasonable steps to avoid causing injury. As such, injury accidents are often preventable events. If your losses were the result of another party’s careless or reckless actions, then there is a good chance that you have a personal injury claim.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
The Elements of Negligence: Legal Duty
To establish a personal injury lawsuit for negligence, an injured party must demonstrate four general elements, the first of which is the defendant’s legal duty. The injured plaintiff must show that the defendant who caused the injury, often called a “tortfeasor,” owed the plaintiff a legal duty.
The easiest way to think of legal duty is to think of certain “safety rules” that society establishes – car drivers must stop at red lights to avoid a car accident, drivers must not drive while intoxicated, tractor-trailer drivers must obey the speed limit, doctors must avoid medical malpractice, etc. These rules are in place to ensure the safety of everyone in society as they go about their daily activities.
Each of these safety rules creates duties, or an obligation to refrain from foreseeable harms that are likely to occur when these duties are breached. In the previous examples, society requires that reasonable drivers abide by these rules, where possible, to prevent foreseeable harm. As such, legal duty forms the foundation of personal injury cases because it sets the standard of care expected of a person.
The Elements of Negligence: Breach of Duty
The second element of a negligence claim is to show that the defendant breached the legal duty. Using legalese, a defendant breaches a legal duty when he or she fails to exercise the level of care expected of a reasonable person under those circumstances.
To explain with the previous examples, a car driver breaches a duty to stop at a red light when they fail to come to a complete stop at the traffic signal. A driver may consume excessive amounts of alcohol and then drive while they are impaired. Additionally, a tractor-trailer driver may operate her truck above the posted speed limit, or a doctor may commit medical malpractice through a misdiagnosis.
These are just some examples of how a driver could breach duties and safety rules owed to other drivers. These individuals engage in various activities despite knowing the inherent risks to themselves and others. This element highlights an individual’s failure to fulfill their responsibilities.
The Elements of Negligence: Proximate Cause
A successful personal injury claim requires a third element: showing that the defendant’s breached duty was the proximate cause of the plaintiff’s injury.
To establish proximate causation in a personal injury claim, a successful injury claim requires the plaintiff to show that the defendant’s conduct was the cause, or reason, for the injury the plaintiff suffered.
A plaintiff can generally establish proximate cause by showing that, “but for” the defendant’s breached duty, the plaintiff would not have suffered an injury. In other words, proximate causation means that the defendant’s breach set in motion an unbroken chain of events that resulted in the plaintiff’s injury.
This step is often the crux of personal injury cases because it establishes the connection between the defendant and the plaintiff. It demonstrates cause and effect and often solidifies the defendant’s role in the accident and, by extension, their negligence.
The Elements of Negligence: Harm or Injury
The fourth and final element of a negligence claim, of course, is to show that the plaintiff suffered harm or an injury. Compensable physical injuries can range in degree, from a soft-tissue injury to a catastrophic spinal cord or traumatic brain injury. In addition to physical injury and lost wages, emotional distress and psychological injuries may also be covered.
Harm suffered by a plaintiff can also include other forms of economic damages, as well as non-economic damages. Economic damages compensate you for your actual monetary losses suffered in an accident, such as lost wages from missed time at work, hospital and medical expenses incurred to treat injuries sustained in an accident, and even property damage in the accident or collision.
Non-economic damages are for intangible injuries that cannot be precisely calculated, such as pain and suffering, emotional distress, loss of enjoyment and quality of life, humiliation, and other non-quantifiable damages. A formula is often used to determine the value of these losses. Our team can provide evidence throughout your case to demonstrate your injury and negotiate on your behalf.
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Evidence Needed to Establish Negligence in Personal Injury Cases
In addition to answering the question do you have a case, and demonstrating negligence, it is also important to know how to support your negligence claim. This requires collecting enough evidence that can demonstrate each point above. This means that you should know what to do after a personal injury accident and begin documenting your losses as soon as possible after you have been injured.
Filing a police report and keeping all of your medical expenses and medical records are integral to ensuring you have quality evidence to submit during your lawsuit. These documents create official records of what occurred and what you’ve suffered. The insurance company and lawyers carefully review these records when determining if you have a case and who was at fault.
Photos and witness statements can also provide clarity on what transpired during the accident, and support the various elements above. If you are unsure about what evidence you need, injury attorneys can provide insight after assessing your case. Evidence can also help you secure maximum non-economic and economic damages.
Talk to MartinWren, P.C. About Your Accident
Whether or not you have a personal injury lawsuit hinges on a number of legal and factual issues. Analyzing such a claim can be complex, and victims should consult an experienced personal injury lawyer in Charlottesville about their case.
An injury lawyer can assess potential personal injury cases to determine if injuries were caused by negligence. Schedule a free consultation and let MartinWren, P.C., assess your case.
Call (434) 817-3100 or complete a Case Evaluation form
