Personal Injury Negligence

When filing a personal injury civil tort, victims has the burden proving the guilt of defendants named in the suit. Part of proving the burden of guilt against defendants is through showing a victim's personal injury directly stems from the negligence of another individual, group of individuals, or entity. In the civil courts of the United States, personal injury torts cover a whole host of incidents that are potentially personal injury cases, however, according to statistics and the United States District Courts databank, the were 36,469 personal injury claims filed in the federal court system, not to mention the myriads more that were disputed and settled at the state level in all fifty states, districts, and territories of the United States.

The bulk of these personal injury negligence claims cases can be categorized into the following types including:

  • Intentional injury
  • Bodily injury
  • Injury to personal reputation
  • Financial or economic injury

Establishing negligence in the civil courts is crux of winning any personal injury claims case. Victims should seek the expert counsel of a personal injury lawyer when deciding to pursue civil claims against defendants, due in part, because most defendants will also be represented by legal counsel as well. Additionally, a personal injury lawyer can handle the bulk of the work necessary to document, prepare, and present personal injury negligence claims to a potential jury or judge in the civil courts. Likewise, a personal injury lawyer can handle all settlement negotiations with defendants in the event this option appeals to victims as well. When seeking to prove personal injury negligence, a personal injury attorney will seek to prove several critical elements.

The critical elements asserting defendant's guilt, in addition to negligence, for personal injury claims include:

  • A duty of care obligation between victims and defendants existed
  • Defendants breached this implied or explicit duty of care agreement
  • The breach resulted was the cause of personal injury in victims
  • The victims suffered damages from their personal injury

A reasonable duty of care is the code of conduct established regarding how an average or reasonably minded individual would act in a given situation. For professional situations or those where an average person would have no knowledge or experience, expert testimony is brought into corroborate or refute the level of duty of care and the potential breach of this reasonable duty of care. Personal injuries in victims themselves, however, do not constitute a proven personal injury case claim; however, the personal injuries must have resulted in damages in the victims as well. In settling personal injury negligence claims, victims will seek compensatory or punitive damages to recover for their personal losses, whether bodily, financially, or otherwise, following a personal injury negligence judgment.

Have you or your loved ones been harmed by personal injury negligence of others? Contact a personal injury lawyer to learn more about your legal options today.

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