Personal injury is defined as any physical or emotional injury caused to a person as the result of someone else’s negligence or wrongful conduct. The term “accident” doesn’t exonerate anyone from liability. Basically, everyone has a duty to be mindful and not cause intentional or unintentional harm to others. It can be difficult to know if your situation applies to a personal injury case, but our personal injury attorneys in Miami can help you understand your rights.
A Closer Look at Personal Injury Cases
Personal injury claims, also known as tort claims, deal with two specific aspects of a tort law: liability and damages. The question of whether or not the defendant is liable for the damages sustained by the victim must be answered. If so, the nature and extent of damages will be addressed. The victim must prove liability and damages in order to seek compensation from the defendant.
Proving in court that someone is the victim of willful acts or carelessness on the part of another person encompasses three separate aspects.
In the United States, the majority of personal injury cases are the result of car accidents. Additional types of personal injury cases include medical malpractice, slip and fall cases, defamation, defective products, dog bites, assault, and battery. While not every situation is the same, a case where someone has been injured is likely to lead to a question of liability, resulting in a personal injury case.
Personal injury cases require that a person has suffered injuries due to the negligence of another. In order for a negligence case to be successful, the following elements must be present:
- Duty of care owed by the defendant to the plaintiff
- A breach of duty
- Actual causal connection between conduct of the defendant and resulting harm
- Proximate cause related to the harm and whether it was foreseeable
- Resulting damages from conduct on the defendant’s part
In a personal injury case, the amount recovered will vary depending on the severity of injury, the length of the treatment, pain or emotional distress, and any effects suffered which may impact one’s ability to return to work or resume everyday activities.
Do you have a personal injury case? Experienced personal injury attorneys in Miami, such as ours, will be able to discuss the details of your situation and determine if you have a personal injury case. Once a case is established, our attorneys will proceed with due diligence to develop a strategy to retrieve the amount of damages that rightfully belong to our client. Contact Graham Legal, P.A., and our personal injury attorneys in Miami will provide a free consultation to understand the life of the injured party and evaluate the case.