Thousands of people are injured yearly in car accidents and other incidents. Most of these injuries are minor, but some are serious. A personal injury attorney can help you recover compensation for your medical bills, lost wages, and pain and suffering.
A personal injury case is a civil action involving the claim for damages for physical and emotional injuries caused by another person’s negligence or wrongful act.
Personal injury lawyers in Newport News, Virginia can help you determine the four elements when filing a personal injury claim.
Important Aspects of Personal Injury Law
1. Duty to Exercise Reasonable Care
The first aspect is the duty of care. This refers to the obligation that all people must take reasonable care not to injure others or damage their property while performing certain tasks or engaging in specific activities. If someone breaches this duty of care and causes personal injury or property damage as a result, then they will be liable for any damages awarded against them by a court.
2. Failure to Exercise Reasonable Care
When a person fails to exercise reasonable care, they are liable for any injuries caused by their negligence. The standard for what is considered reasonable is based on the facts and circumstances of the case. If a person fails to use their best judgment in a situation, they may be liable for any injuries.
Ex: A driver speeds through an intersection and causes an accident that injures another driver. The injured driver would likely have a strong case against the speeding driver because speeding through an intersection was dangerous and reckless behavior.
There must be proof that another person or entity’s negligence or carelessness caused your injuries. You must show a causal link between the other party’s actions and your injuries. For example, if someone hits you with their car and breaks your leg, it would be easy to prove causation. In some cases, it can be difficult to prove causation unless you have witnesses or recorded video footage of the incident.
Damages refer to the amount of money a plaintiff receives after successfully suing a defendant for personal injuries sustained during an accident. Damages can be broken down into three categories: economic, non-economic, and punitive.
Economic damages include:
- Medical bills incurred due to an accident.
- Lost wages from being unable to work.
- Property damage caused by an accident (such as replacing a vehicle damaged in an accident).
Non-economic damages include pain and suffering and mental anguish. Punitive damages are awarded when there is evidence that the defendant acted maliciously or recklessly in causing the plaintiff’s injuries.
If you or someone you care about has suffered some injury, whether, through another party’s negligence or even intentional actions, the importance of seeking legal counsel cannot be overstated. You can then work with this attorney to determine the steps to take to get the reimbursement you need and deserve. Do not wait to secure that compensation–the passage of time is not to your benefit when seeking legal redress involving injuries.