If you or a loved one has suffered a personal injury, you may be eligible to seek compensation for your losses and suffering.
Personal injury is a legal term referring to situations where one party´s wrongful acts or negligence cause damage to another party. Personal injury typically involves bodily harm, though it also includes all damages caused by, and related to, the wrongdoing.
There are several torts, or civil wrongs, that fall under the broad umbrella of personal injury law. Wrongful death, premises liability, defective drugs, faulty medical devices, medical malpractice, auto accidents, plane crashes, work-related injuries, defective products, nursing home abuse, and toxic torts are all types of personal injury cases.
In order to successfully litigate a Personal Injury case a number of important factors must be taken into consideration:
In each of these personal injury situations, a lawsuit can be filed on three legal grounds. The first, and most common, is negligence. Negligence is one party´s failure to prevent the conditions which cause or contribute (called proximate cause) another person´s injuries. To establish negligence in a personal injury case, the injured party must show the negligent party had a duty to act. For example, when a doctor fails to properly care for a patient and the patient is harmed, the doctor´s negligence provides valid grounds for a personal injury lawsuit.
The second legal ground on which a personal injury lawsuit can be filed is intentional wrongdoing. Through this argument, the injured party claims another willfully and knowingly created the circumstances which led to the personal injury. For example, if a drug company knows their product is dangerous but intentionally conceals this information from consumers, those injured may file a personal injury lawsuit on the grounds of intentional wrongdoing.
The third type of personal injury lawsuit involves strict liability. Strict liability means the makers of a product can be held liable for any injuries caused by their product regardless of how careful they were to prevent consumer injury. Strict liability is often applied in cases involving inherently dangerous activities and products, such as blasting in a city or keeping wildlife. Strict liability can also be applied to manufactured products, including drugs and other products. The injured party only has to prove the product was defective, not that the defendant was at fault.
In a personal injury case, the injured party can seek compensation for economic losses including medical expenses, past and future loss of wages, past and future diminished earning capacity, and other out-of-pocket expenses. The personal injury victim may also be eligible to seek compensation for their pain and suffering, disability, loss of consortium (companionship), and more.
It is important to bear in mind that all personal injury cases are subject to a statute of limitations. This limits the time a person has to file a personal injury claim. Generally speaking, the time to file a personal injury suit in California is two years from the date of the injury. There are, however, exceptions to this rule and other limitations that are applied to civil cases. If you are worried you may lose your right to sue after a personal injury, it is important to speak with a qualified attorney as soon as possible to protect your legal interests.
If you or a loved one has suffered a personal injury, the qualified and experienced personal injury attorneys at Kuvara Law Firm 1-800-4-INJURY would like the opportunity to help. Please contact us to learn more about your legal rights and options in a personal injury case.