Personal Injury
A personal injury case arises when a person is harmed or injured in an accident caused by another person’s negligence, recklessness or inaction. Accident cases, such as car accidents, are governed by personal injury law, also known as tort law. However, a personal injury or tort lawsuit is a civil cause of action, not a criminal one.
As a cause of action, a personal injury or tort lawsuit generally finds the party legally at-fault in an accident and make him accountable for the injury by compensating the victim.
Generally, torts are classified into three main categories:
- Negligence
- Strict liability
- Intentional torts
All tort claims, regardless of classifications, proceed from two basic issues: liability and damages. In most cases such as in a car accident case, the victim must prove and establish the liability of the tortfeasor (the party at-fault) in the accident. In order to do this, he must present well-documented proof of his charges or claims against the offending party. This may include vital evidences such a copy of the police accident report, photographs and medical records, and eyewitness or expert witness’s account.
If liability is established and proved, a car accident victim can receive compensation for the following damages:
- Lost wages
- Medical expenses (present and future)
- Compensation for pain and suffering
- Punitive damages, when applicable
To protect your rights and to help you obtain recovery for your injuries, you will need the services of a skilled and experienced personal injury lawyer.