A personal injury case is a legal dispute that arises after a person suffers harm from an injury where someone else might be legally responsible for that harm. A personal injury can result in a civil lawsuit or be resolved through informal settlement negotiations.
There are various situations in which another person or company can be responsible for your injuries. The clearest example is when a person is injured after another person's intentional acts. Examples of intentional acts that can lead to another person's injuries are assault, battery, and slander. In most cases, the intention doesn't need to be to harm someone. Instead, the person must simply have the intention to perform a particular act. For example, if someone pulls the chair out from under another person, and the victim falls and breaks his or her arm, the actor could be held liable for the victim's injuries. Although the person probably didn't intend for the victim to break his or her arm, the person did intend to pull the chair out from under the victim.
A person can also be held responsible for another person's injuries if he or she acted in a negligent manner. The elements of negligence are: duty, breach, causation, and damages. The plaintiff must prove each element in order for the plaintiff to win his or her case. Negligence is a common claim for injuries resulting from car accidents.
If you or someone you love has suffered an injury that you believe is the fault of another person or company, contact Barshay, Rizzo & Lopez, PLLC, to discuss your legal options. It's important to remember that each state has a time limit for when a personal injury lawsuit can be filed. For this reason, it's important to contact a personal injury attorney as soon as possible after being injured.