FAQs about Personal Injury

What is a personal injury claim?gavel

Personal injury encompasses a wide variety of claims. These claims include, but are not limited to:

  1. Injury sustained by a driver or passenger involved in an automobile accident;
  2. Injury to a pedestrian involved in an accident;
  3. Injury sustained while on a bicycle or operating a motorcycle;
  4. Injury sustained from a fall on snow and/or ice;
  5. Injury due to fall or accident on the property of others;
  6. Injury sustained while at work or in the course of employment;
  7. Injury resulting from medical malpractice;
  8. Defective product injury;
  9. Damage to body of an individual as a result of a dog attack.

If you sustain a personal injury as a result of an accident and there is reason to believe someone else may be responsible, it is important to document and maintain accurate records of the events and details pertaining to the accident. You may want to keep a diary or log regarding the events which transpire after the accident, including any injuries you sustained and any losses you suffered. If you are injured in an accident, you should seek immediate medical attention. Further, it is important to obtain the name and address of any witness to the accident. It may be appropriate to take photographs of the accident scene and your injuries. Lastly, it is important to report any losses promptly to your insurance company and file any required government reports.

What is negligence?

Negligence is a legal concept that means a failure to use ordinary care by either doing something unreasonable or failing to do something a reasonable person would have done under the same or similar circumstances. Negligence involves elements which must be satisfied in order to be successful with a personal injury claim. The Plaintiff must prove the four following factors by a preponderance of the evidence:

  1. The Defendant owed a duty to the Plaintiff;
  2. The Defendant breached that duty;
  3. The injury was a reasonably foreseeable consequence of the Defendant's action or inaction;
  4. As a direct and proximate result of the Defendant's breach of that duty, the Plaintiff suffered injury. Damages recoverable include pain and suffering, medical expenses, loss of earnings or earning capacity.
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