Today, personal injury cases make up a huge percentage of the cases seen in civil courts. These cases are designed to help a victim obtain financial compensation for their injuries, whether physical, financial or another type of injury. Victims have the opportunity to speak with a personal injury lawyer about their situation to see if a lawsuit is possible and to find out their chances of it being successful. There are various types of cases a personal injury lawyer can review and assist with.
Injuries Caused by Negligence
Cases based on negligence mean the person being sued is accused of owing a duty of care to the victim but failing to keep them safe. This could be seen in a slip and fall accident, where the victim fell because the store owner did not keep the store floors clean. A very common type of personal injury case, automobile accidents, will fall under this as well. According to the American Bar Association, in most areas, drivers owe a duty of care to other drivers around them. This means they should drive properly, following all laws, and if they cause an accident, such as one due to speeding, they can be found negligent.
Strict Liability Cases
Negligence cases must show that the victim was owed a duty of care and that the duty was breached. Strict liability cases, however, do not have this requirement. Some cases, like product liability, fall into this category, according to halt.org. The manufacturer of the product is supposed to ensure the product is safe to be used, and if they do not do this or lie about the safety of the product, they are liable for injuries that arise. The victim in these cases does not need to show that the person they’re suing acted carelessly; they just need to show that the person is responsible for their injuries. These cases may seem to be easier than negligence cases because they do not require as much to be proven, but they are only possible in a few select situations.
Crimes such as assault and battery are criminally charged, but there can be a civil component as well. Lawyers like Greene Broillet & Wheeler, LLP typically handle cases like car accidents or wrongful death suits where the injury or death was caused accidentally. However, there are times when cases are brought because injuries were caused intentionally. The person being sued is also often facing criminal charges or has already been convicted of a crime, but the victim has the ability to start a personal injury lawsuit to gain compensation for their injuries. This is separate from the criminal trial and can occur before, during or after the criminal trial.
Personal injury lawyers typically handle negligence cases but will handle strict liability or intentional injury cases as well. If you’ve been injured physically, financially, or otherwise, it’s a good idea to speak with a lawyer about your situation. They can let you know if it falls under the above types of personal injury cases, if it’s something they can help you with, and if you have a chance of obtaining the compensation you’re seeking.