$10 Billion in Settlements & Verdicts

Let Us help you finish on top

Let us help you finish on top

How can we help?

This field is for validation purposes and should be left unchanged.

Personal Injury

Personal injury cases are those in which a victim contends that they has been injured, and that the defendant was at fault in causing that injury. The victim seeks compensation for injuries. The defendant often has a different view and defends against the victim’s claims.

The word “fault” is a key word. “Fault” means acting as someone should not have acted or failing to do something which someone should have done. The law regards those actions as being below the standard which applies to the defendant’s activities.

The standard which the law applies to the defendant’s actions will change according to the surrounding circumstances. These standards are sometimes set by the legislature in statutes, and sometimes they are set by the courts. When hiring a personal injury attorney, it is the personal attorney’s job to explain the standards which apply to the defendant’s conduct.

Negligence is the most common basis for personal injury claims. There are four elements of negligence you must establish to have a chance to recover compensation for personal injury damages:

  • Duty
  • Breach
  • Causation
  • Injury and damages

The victim must establish that all these essential parts of his case are more likely true than not true.

Generally, individuals have a duty to act with a certain level or standard of care. The standard of care is not that of an extraordinarily cautious individual or an exceptionally skilled person. However, individuals are supposed to act as a reasonably prudent person would act under the same or similar circumstances.

A defendant is generally considered to breach their duty when their actions fall below the above level or standard of care. For example, a defendant driver who is texting and driving fails to maintain a safe distance, and carelessly rear-ends another vehicle. Attorneys who focus on personal injury law compile evidence necessary to establish breach.

The idea is that a reasonably prudent person will avoid creating an unreasonable risk of harm. In deciding whether the defendant violated this standard of conduct, there are several considerations that should be weighed. Considerations include – (1) the likelihood that someone might have been injured by the defendant’s conduct and (2) the seriousness of that injury, if it should occur, against the importance to the community of what the defendant was doing and the advisability of the way he was doing it, under the circumstances.

In some cases, there are specific statutory laws and standards which may apply. If there are specific statutory standards, then a determination may also be made as to whether a reasonably prudent person in the defendant’s situation would have violated the statute.

There are many facts or circumstances which may enable a person to bring an action for personal injury based on negligence. For example:

  • Car accidents
  • Truck accidents
  • Boat accidents
  • Uber or Lyft accidents
  • Workplace accidents
  • Product defect accidents
  • Medical malpractice

In terms of causation, the victim must establish a causal link between the defendant’s actions and their injuries and damages. They must show that the claimed injury was caused in whole or in part by the conduct of the defendant. For example, if a victim has neck pain and a herniated disc following a car accident, the victim will need to prove that the accident was the cause. Here the defendants will almost always claim the victim’s injuries are the results of a preexisting medical condition or other injury.

Although the plaintiff must prove that the defendant’s actions were a cause of his injury, this does not mean that the law recognizes only one cause of an injury. For cases in which there is only one alleged defendant, the victim must show that they would not have suffered injury if the defendant had not done what they did. For cases in which there are two or more alleged defendants, a determination will be made as to each defendant and whether their individual conduct was a contributing factor in causing this incident.

Another part of the plaintiff’s case is proof of personal injury and damages. Personal injury include every variety of injuries to a person’s body, mind, and emotions, as opposed to injury to property rights.

A victim must provide evidence of injury and how the injury affected her/him financially, physically, and emotionally.

If the victim is successful, they will be paid compensation. Ultimately, the value of a victim’s case or the amount of compensation depends on many factors, including the amount of available insurance coverage. The biggest determinant behind case value is how much you could get in “damages”. Damages include: (1) past medical bills; (2) future medical bills; (3) past and future lost wages; (4) loss of earning capacity; (5) loss of benefits, including health insurance benefits; (6) loss of enjoyment of life; (7) pain and suffering; (8) permanent scarring; (9) household assistance; (10) travel expenses; and (11) mental anguish and emotional distress.

Some of those considerations might not have a clearly articulated value at first. However, based on our experience, we can offer an estimated case value after assessing your medical records, police records, statements, and other evidence, such as the progression or regression of your physical and mental state after an accident. The whole picture can provide a window into what to expect from a personal injury case.

See our Results page for an idea of the compensation past clients have received. You can also check out our blog post that outlines average settlement amounts for different types of injuries.

call now

get your free case Evaluation

Be the Victor, not the Victim! Finish on Top!!