Personal injury is a general legal term that covers several different types of cases. Some of the more common types of personal injury cases involve car accidents, motorcycle accidents, trucking accidents, boating accidents, slip and falls, medical malpractice, wrongful death, and product liability. If you are injured due to someone’s negligent behavior, you may be entitled to recover money for your injuries.
In order to be able to recover money in a personal injury case, you must be able to prove that another person’s negligence was the direct cause of your injuries. When bringing a lawsuit, you must prove that the negligent party had a duty to you. For example, a person driving a car has a duty to you to drive in a safe and reasonable manner. You then have to show that the negligent party breached that duty to you. For instance, that same driver ran a red light and crashed into your car. You next have to be able to prove that you suffered physical, emotional, and/or financial injuries. Lastly, you have to prove that the negligent person’s actions directly caused your injuries.
If you are able to establish the above necessary conditions, you may be entitled to recover compensation for economic damages, non-economic damages, and, potentially, punitive damages. Economic damages include lost wages, medical expenses, and property damages. Non-economic damages include pain and suffering and emotional damages.
If you’ve been injured by the negligence of another, contact our office for a free consultation before you talk with the insurance company. Anything you say to the insurance company or the negligent party will be held against you. We will work hard to get you the compensation you deserve to help you recover from your injuries.
Medical malpractice is a type of personal injury case where a patient is injured at the hands of a medical professional who does not provide the acceptable level of medical care. In order to have a valid medical malpractice claim, you must be able to prove that you had a physician-patient relationship with the doctor. Further, you have to establish that the doctor breached the duty of care. The duty of care requires a doctor to perform his duties consistent with the medical community’s acceptable standards. Next, you have to prove that the beach of duty of the doctor was the direct cause of your injuries. Finally, you have to prove that you have suffered damages, such as economic and non-economic damages, as a direct result of the doctor’s malpractice.
Other forms of medical malpractice can include dental malpractice, chiropractic malpractice, orthopedic malpractice, and psychiatric malpractice.
Medical malpractice claims are difficult to prove. Doctors generally have good insurance and it can be challenging to find a doctor to testify against another doctor in the community in order to establish the medical community’s standard of care. Additionally, medical malpractice claims have shorter time limits on how long after the incident you have to file a lawsuit compared to other types of personal injury claims. There are also conditions that must be met before you file a lawsuit for medical malpractice. It is therefore important to consult with an experienced attorney who can evaluate your case.