Personal injury lawsuits are designed to help individuals who have been harmed because of another’s actions or failure to act. They are legal cases in which a person sues an individual or entity claiming that they are legally responsible for harm that has been done to them. Examples of situations that may warrant filing a personal injury lawsuit include automobile accidents, medical malpractice, and product liability cases. Not every accident or injury automatically results in a personal injury, and not every successful personal injury case is a matter of negligence. If you have suffered an injury and want to know whether you should file a personal injury claim, contact the New Haven personal injury lawyers at Jonathan Perkins Attorneys At Law. We have extensive experience in helping those who have been injured at the hands of others, and can provide you with the legal counsel and representation that you need to ensure that your rights are protected and you get the compensation that you deserve.
The basic premise behind personal injury law is that people are supposed to exercise reasonable care, and that when they fail to do so they are liable for the damages that are caused. The basis for personal injury claims is most often negligence, but can also be a matter of strict liability in the case of manufacturers who design or produce products that are unreasonably dangerous. A personal injury case can also be brought against a person who committed an intentional wrong, such as assault and battery, or defamation of character. Every situation is different, and that is why it is important to consult with an attorney who specializes in personal injury law. They will be able to advise you as to what your rights are and what your next steps should be.
Though every personal injury case is different, there are two basic premises that must be established in order to prevail. One is that harm has happened, and the other is that the defendant had a definable duty. The harm that has been caused in a personal injury lawsuit generally has to be clearly defined, such as the cost of medical treatment or lost wages. Though emotional distress is very real, it is much more difficult to prove, particularly if it is the only harm that has been suffered. The more clear the existence of harm is, the more likely it is that a case will be successful.
The other aspect of a personal injury case that needs to be proven is that the defendant had a definable duty that they breached. This does not mean that there needed to be a relationship with you: for example a driver has a definable duty to exercise care while operating a vehicle. However, if that driver caused an accident through no fault of their own, because of hazardous road conditions despite the caution that he was exercising, then he may not have breached his duty.
Without extensive knowledge of personal injury law, it is difficult to predict whether your situation warrants filing a lawsuit. The attorneys at Jonathan Perkins Attorney At Law can help. Call us today to set up a free consultation to discuss your situation.
Learn More About Our New Have Personal Injury Lawyers here.