When you get hurt because of someone else’s negligent, reckless, or intentional behavior, it is known as a personal injury. Settling a personal injury claim can give you a sense of justice and the financial recovery needed to pay for medical bills and lost work.
At The Law Offices of David W. Holub, we understand that many things can motivate people to seek compensation through a personal injury lawsuit. A North Judson personal injury lawyer from our firm could help you achieve those goals.
Understanding Personal Injury Claims
A personal injury is when a person is harmed due to another person’s wrongful behavior. That behavior can be illegal, malicious, reckless, or negligent. Additionally, wrongful behavior can be something someone did as well as something someone failed to do. The proof required to show wrongdoing is not the same in every type of injury case. For example, some products liability cases are brought as negligence claims and some as strict liability claims—each requiring different things to be proven.
Some of the common types of personal injury claims include:
- Animal attacks
- Products liability
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Premises liability—slips and falls
- Motor vehicle accidents—cars, trucks, and motorcycles
The nature of the underlying action can impact fault, help predict the severity of injuries, and affect whether the wrongdoer is likely to have insurance coverage. However, all negligence personal injury cases contain the same elements—duty, breach, causation, and damages.
Duty
Duty refers to a person’s obligation to the victim. Some duties require a personal relationship—such as the duty established in a doctor-patient relationship. Other duties are general and apply to all people in a specific role—like drivers having a duty to others on the road to be safe. Proving that a wrongdoer had a duty towards an injured party is an essential element of a negligence claim, whether it’s for a situation involving a wrongful death or serious injury.
Breach of Duty and Causation
Breach of duty refers to the failure to meet the duty. Acts and failures to act can both be breaches. However, the wrongdoer must somehow fail to meet either expressed or implied obligations towards the victim.
The breach has to be the cause of the accident or injury. For example, driving while intoxicated is a breach of duty. However, if someone is speeding and rear-ends a drunk driver, injuring the drunk driver, then the drunk driver’s intoxication and breach of roadway duty likely did not cause any injuries. Instead, the breach of the roadway duty not to speed likely caused the injuries.
Damages
Once a victim establishes that the wrongdoer was responsible for an incident, they must establish damages. Proving damages goes beyond proving the accident occurred. The victim must establish the alleged damages with evidence such as:
- Medical records
- Expert testimony
- Proof of lost wages
A personal injury attorney in North Judson could provide guidance through the claims process in order to succeed in obtaining justice and compensation.
Potential Damages in Personal Injury Claims
The state recognizes two broad categories of damages—compensatory and punitive. Compensatory damages attempt to compensate a victim for injuries, while punitive damages focus on punishing the wrongdoer and sending a message to other wrongdoers.
There are two types of compensatory damages: economic and non-economic.
Economic Damages
Economic damages compensate people for financial damages such as lost wages, loss of earning capacity, and medical bills.
Non-Economic Damages
Non-economic damages compensate people for non-quantifiable losses, such as pain and suffering, loss of services, or loss of consortium.
The damages available depend on the individual facts of a case, the extent of the victim’s injuries, and the wrongdoer’s behavior. The greater the victim’s injuries, the higher their medical bills are likely to be, and the less likely they will be able to return to work. In those cases, damage awards can be very high.
Less severe injuries that do not require extensive time off from work will generally be worth less money. A knowledgeable attorney in North Judson values claims based on the entirety of the facts.
Consult a North Judson Personal Injury Attorney Today
When injured through no fault of your own, it is only fitting that the responsible party pay for your recovery. However, people may deny liability, try to blame you for the accident, or not have the funds to cover your damages.
A North Judson personal injury lawyer from The Law Offices of David W. Holub could explore all potential avenues of recovery to help you get the compensation you deserve. Schedule a consultation today.