A personal injury case is a legal dispute that arises when one party is injured directly due to another party’s negligence or intentional actions. In most cases, the injured party or victim hires a personal injury attorney to complete the necessary steps to pursue and secure compensation for the damages they have experienced.
Compensation for damages typically includes medical expenses, lost wages, and pain and suffering.
Critical Elements of a Personal Injury Case
Personal injury cases typically begin as claims, an informal process in which the victim’s attorney sends a demand letter to the responsible attorney. The letter is usually accompanied by the party, as well as the medical bills, expense reports, and other evidence supporting the damages claim.
The case can be settled if the two parties can negotiate a settlement agreement. If negotiations do not result in a settlement, the victim’s attorney may file a lawsuit on behalf of the client. Unlike a claim, a lawsuit is a formal filing with the court system with jurisdiction over the case.
Damages
Two basic categories of damages in personal injury cases may be pursued: economic and non-economic.
- Economic Damages: Financial losses that can be measured, such as medical bills, lost wages, and costs to repair or replace property.
- Non-Economic Damages: Less tangible losses such as pain, suffering, and emotional distress.
Negligence
Most personal injury cases are based on negligence, which the victim’s attorney must prove. This is one reason why securing an experienced personal injury attorney is crucial. In the hypothetical situation described below, concerning a bike rental shop and a customer injured due to a malfunctioning bike, the four elements required to demonstrate negligence are explained.
- Duty of Care: Joe’s Bicycle Shop, the defendant, had a legal duty to the victim to provide safe equipment. In this situation, the shop was expected to give bicycles that were in safe working order.
- Breach of Duty: The defendant breached their duty of care by failing to ensure that the brakes on a customer’s bike were installed correctly and worked.
- Causation: The breach directly caused the victim’s injuries that were sustained when they were unable to brake at an intersection, causing them to strike a car.
- Damages: The breach caused the victim to suffer losses. In this case, the customer required emergency medical care for head trauma and was unable to return to work for a month. The economic damages included the costs of the ER visit, X-rays, follow-up medical care, and loss of income.
How the Legal Process Works in Personal Injury Cases
Personal injury cases vary in length and complexity. Attorneys help victims through the process, which may include filing a complaint, collecting evidence and witness statements, negotiating a settlement with insurance companies or the defendant’s legal team, and representing the victim (called the “plaintiff” if a lawsuit is filed) in court if the case goes to trial.
While trial is sometimes unavoidable, a skilled personal injury attorney will try to reach a maximum, fair settlement that appropriately compensates the victim and holds the defendant accountable.
Types of Personal Injury Cases
While personal injury laws can be applied to a variety of different situations resulting in injuries, some of the most common scenarios include the following:
- Automobile accidents
- Brain and spinal cord injuries
- Catastrophic injuries
- Dog bites and attacks
- Motorcycle accidents
- Product liability
- Slip and fall incidents
- Truck accidents
- Workplace injuries
- Wrongful death
Skilled and Affordable Personal Injury Attorneys Are Available
The skilled, aggressive personal injury attorneys at Eason & Tambornini bring over 100 years of legal experience to every case. In every case we accept, we fight for our clients’ rights to maximum and fair compensation for injuries and losses.
FREE Consultation and NO Upfront Legal Fees
Our personal injury attorneys in Stockton offer a free, no-risk consultation to discuss the facts of your case. We accept cases contingently, meaning you pay nothing until you win a settlement.
Call Eason & Tambornini at (209) 323-5126 for a free consultation today.
