A Personal injury can occur any time an individual suffers physical or psychological harm because of someone else’s negligence, recklessness or malpractice. The most common type of personal injuries are a result of car accidents, slips and falls, assaults, work injuries and defective products. In addition, medical or dental malpractice claims also can be considered personal injury cases. If you have suffered a personal injury or have been the victim of medical or dental malpractice, which was caused by someone else’s negligence, a company’s defective product or an intentional wrong a personal injury attorney who is an expert in personal injury law can help you file your personal injury claim. If you prove your personal injury claim you may be entitled to compensation. Compensation can include payment for any financial loss, pain and suffering and permanent disability which resulted from your injuries. In addition, if the injury resulted in the wrongful death of a family member you may be able to receive compensation for the loss you have suffered. If you would like to consult with a personal injury attorney about your personal injury claim, fill out the FREE evaluation form and a personal injury attorney will contact you for a free consultation. Do I have a personal injury claim? A personal injury can be caused by several factors including negligence, an intentional wrong or strict liability. If you have been injured it is probably a result of one of these factors. In order to file your personal injury claim you must determine the reason for your personal injury. Negligence A negligent action may be one legal reason you have suffered a personal injury. In order to prove negligence you must prove a person did not meet the required legal standard required to protect another individual from injury. In order to prove negligence caused your personal injury you must be able to prove: 1. The person who caused your injuries had a legal responsibility not to cause harm. This is called a “duty of care”. For example, a driver has a duty of care to operate their vehicle in such a way that no one else will be injured by their driving. 2. Did the person who caused your injuries act in such a way that they breached their duty? In a car accident this could be proven if the driver failed to follow the laws outlined in the state’s vehicular code. In other cases, this may be harder to prove. 3. The third thing you must prove is that the other person’s negligence led to your injuries. This means that your accident was caused by their breach of duty. 4. Were you injured in the accident and as a result you have suffered some type of loss? A loss can be financial, physical, and emotional or it may be a disruption to your life. Strict liability: Strict liability usually applies to a group of laws known as product liability laws. Under product liability laws if you have suffered a personal injury you do not have to prove negligence or malice, you only need to prove that the product was designed or manufactured in a way that made it dangerous when it was used in its intended way. Under product liability laws you can seek compensation from the manufacturer, manufacturer of parts, wholesaler or retailer who sold the product. Intentional Tort: An intentional tort can be any personal action caused by the willful action of another individual. If your injury was caused by an intentional act of another person you may be able file a civil personal injury claim in addition to a criminal lawsuit. Intentional acts which cause harm could include assault, battery, sexual abuse, or rape. Compensation for Personal Injuries Compensation for your personal injuries can cover monetary losses including lost wages, medical bills, medicine, and rehabilitation costs. They also could include non-monetary costs such as pain and suffering and life disruptions. Pain and suffering could include stress, depression and anxiety. Life disruptions could include missed job opportunities, vacations, special events and vocational training. In some instances such as a defective product case you may also be awarded punitive damages which may be assessed against a company to punish and deter them from making defective products in the future. Do I Need A Personal Injury Attorney? If you have suffered a personal injury you should consult a personal injury attorney. A personal injury attorney is familiar with the personal injury laws of your state and can determine if your personal injury claim is valid. In personal injury cases you must prove the defendant was responsible for your personal injuries. If you can prove negligence, strict liability or an intentional tort caused your injuries then you need to determine the full extent of the injuries and losses your have suffered. A personal injury attorney can also work with you to document the full cost of your personal injury. Many things need to be considered such as the medical costs, doctor’s bills, lost wages, rehabilitation costs and pain and suffering. If an insurance company has offered a settlement amount a personal injury attorney can determine if the amount fully takes into account the full loss you have suffered. In addition, an attorney is an expert in state personal injury law and the statute of limitations for your state. There are many issues that need to be considered prior to filing a personal injury claim. Do not try and do this alone. An expert personal attorney can be your advocate to help you win your personal injury case.