Injuries And Liability: Proving Your Injuries Are The Result Of The Actions Of Another Person
It doesn't matter if your personal injury case was caused intentionally, or due to negligence, if you were injured because of someone else you're entitled to compensation for your damages. The basics of any personal injury lawsuit involve an injury, a party that is responsible, and both measurable and hard to measure damages. While every case is different, you must be able to prove that your injuries were a direct result of the accident.
A Typical Personal Injury Lawsuit
The most common personal injury lawsuits filed are those that involve negligence during a car accident. Licensed drivers are expected to follow a standard of behavior when they are driving along the road. When the standard of behavior is not met and an accident occurs, the driver is responsible for the injuries they cause. This is similar in a medical malpractice case. If the doctor does not meet the standard of care, and a patient is injured, they are responsible for the injuries that occur because of their negligence.
Damages Have to Be Proven
When you've been hurt, you have to be able to show that you have damages to be compensated for if you want to file a personal injury lawsuit. Pain and suffering count as damages, as do lost wages and medical bills that might be piling up. It's easy to prove medical bills and lost wages, but it's harder for the court system to put a specific number on compensation for pain and suffering. Make sure that your injuries are well documented, and that you follow through with all treatment recommendations. This will be your proof as to the extent of your injuries, and the amount of treatment it has taken you to recover from the accident.
When Your Case Involves Strict Liability
If you were injured because of a product you used, the designer and manufacturer of the product can be held liable for your injuries. As long as you were using the product as intended, strict liability means that the maker of this product is responsible for any damages that occur. You will need to be able to prove that the product is dangerous even when used correctly.
As an injured party, it's important to keep up with your medical care so that you can recover from your injuries. Take the time you need to attend all medical appointments, and listen to your doctors about treatment options. If you aren't sure if you have a viable case, it's time to sit down with an attorney to discuss it further.