A personal injury claim may arise when you are injured, either physically or in some cases emotionally, by the negligence or the intentional act of another. Personal injuries are also referred to as "torts." Tort law is a branch of civil law. When a person has suffered a personal injury through the negligence of another person or company, they are generally entitled to recover monetary damages for their pain and suffering, medical expenses, lost wages and other economic losses. In certain limited circumstances, the person suffering the injury can also recover punitive damages.
Personal injury law and insurance are very much related. If you are injured, your health insurance and, depending on what insurance you purchased, your automobile insurance, may pay your medical bills. When your injury is caused by the acts of another person or company, their liability insurance will compensate you for your pain and suffering, medical expenses and lost wages. Liability insurance is not limited to automobile insurance coverage. It is also provided through homeowners insurance, business insurance, malpractice insurance and umbrella insurance coverage. Please click here to discuss these issues with our office. Initial consultations are without charge.
In order to prove a personal injury claim, a plaintiff (the injured party) must establish the following in order to recover against the defendant (the at-fault party).
Personal injury claims arise from a duty of care owed to another. For example, all of us owe a duty of reasonable care to others as we drive a motor vehicle. The intended beneficiaries of this duty are all the other drivers, pedestrians or cyclists using the road. Property owners owe a duty to keep their premises safe. Business proprietors owe a duty to sell safe products. Professionals, such as doctors, owe a standard of care set by their profession.
In order to prove your claim, you must show that you were injured by another's failure to exercise ordinary care to you. In other words, the other person or company must be negligent.
Next, you must show that the breach of care was actually the immediate cause of your harm.
Finally, you must have been injured as a result of this breach of care. Generally, you must have suffered a physical injury, but in certain circumstances, an emotional injury is sufficient to allow a recovery of damages against the responsible party.
Your personal injury claim may fall into different categories based upon the type of accident involved.
Generally, personal injury claims must be brought within two (2) years of the date that the accident occurred or the claim arose. However, there are exceptions to this rule.
For more information call the Law Office of Alex M. Brown at 706-447-6994 to determine the best course of action for your situation!