There are numerous types of personal injury lawsuits that could be brought with each having their own guidelines and rules. In this blog we’ll discuss the various types of personal injury lawsuits and offer a quick outline of each. If you’ve been hurt and contemplating making a claim for personal injury It is crucial to be aware of the kinds of legal claims available to those who file.
A personal injury lawsuit is a civil lawsuit claiming that the plaintiff suffered injury because of negligence or misdeeds by another individual, company or business.
Some examples of scenarios where one could file an injury claim for personal injuries are:
A car crash where the driver who caused it was the one to blame.
A case of medical negligence
– – A fall and slip on another’s property
To be successful in a personal injury lawsuit plaintiffs must usually demonstrate that the defendant was liable for the plaintiff a duty of care the plaintiff, and then violated the duty and the plaintiff was injured in direct consequence of the violation. According to the kind of case, various standards might be applicable. In some circumstances it is sufficient to establish that defendant’s conduct was negligent and in other cases the plaintiff may need to establish that the defendant was aware of their actions were likely to cause injury for the victim.
If you’ve been hurt because of the carelessness or wrongdoings of another individual company, person, or entity or entity, then you might be eligible to make an injury lawsuit. It is crucial to know the kinds of claims that are available to you , and seek out an experienced attorney for personal injuries that can assist you through the legal system.
The types of Personal Injury Claim
There are three major types of personal injury lawsuits which include negligence claims and strict liability claims and claims for intentional tort. We’ll take a look at each of the types of claims.
The negligence case is the most popular kind of personal injury lawsuit. For a successful outcome with a negligence lawsuit it is necessary for the plaintiff to prove that the defendant had an obligation of care to the plaintiff, and then violated the duty and the plaintiff suffered harm due to the violation.
Let’s take an example. For instance, suppose that you’re in the middle of an accident in a vehicle. It is possible to make a claim for negligence against the other driver , if you prove that they are at fault in the incident. In order to win your case it is necessary to prove that the driver had a responsibility to care (e.g. that they owed an obligation to be safe while driving) but violated their obligation (e.g. that they were distracted or speeding when driving) or the fact that you sustained injuries due to the negligence (e.g. that you sustained injuries as a result of the collision). ).
Strict Liability Claim
In some instances the defendant could be held accountable for injury even though they didn’t breach the obligation of care. This is referred to as strict liability. To be successful in a claim for strict liability the plaintiff has to prove that the actions of the defendant were dangerous in nature and the plaintiff suffered injury due to the defendant’s actions.
A good example of where strict liability could be a factor can be when someone gets injured due to a product that is defective. If you’ve been injured as a result of an unsafe product, then you could be eligible to bring the claim of strict liability against the company or entity responsible for putting this defective product available for sale. If you want to win the claim, you will have to prove the defectiveness of the product and that you sustained injuries by taking advantage of the product.
For Intentional Tort Claims
An intentional tort can be described as one type of personal damage case in which the claimant claims that the defendant deliberately did them harm. To be successful in a claim for intentional tort the plaintiff has to prove that the defendant had a motive to cause harm and they suffered injury due to the actions of the defendant.
An example of an intentional tort would be assault. If someone is threatening to assault your, you could be eligible to bring an intentional tort lawsuit against the person who assaulted you. If you want to win the claim, you’ll be required to establish that the defendant had the intention to cause harm to you (e.g. the defendant hit you with the intent to harm you in the body) and also that you physically injured because from their conduct (e.g. the fact that you sustained injuries during the attack ).
Another instance of an intentional tort would be defamation. If someone is accused of making negative and false claims about you, it is possible to pursue a defamation lawsuit against the person. To be successful in your case, you will be required to establish that the defendant has made defamatory and harmful statements concerning you, that those statements were made public by an unrelated third person, and that you were harmed as a result from the publication (e.g. the damage done to your reputation or your business ).
A consultation with an attorney
If you’ve been hurt through the negligence or carelessness of someone else It is crucial to speak with an skilled Burbank personal injury attorney for a discussion of the legal options available to you. A lawyer can assist you to determine if you’ve got an appropriate claim, and should you have a valid claim, they can assist in navigating the legal procedure.
Although the majority of personal injury cases result from the negligence of others, there’s different kinds of claims that could be available for you based upon the specifics of your particular case. A consultation with a knowledgeable lawyer for personal injuries can help you figure out what kind of claim would be best for you.
In the event that you, or someone else you are aware of has suffered injuries through the negligence or wrongdoings of someone else Contact us now to arrange a consultation for no cost. Our skilled personal injury attorneys will help you comprehend your rights under the law and what options you have and help you fight for the justice you are entitled to.