Accidents do happen, and every day someone is hurt or even killed in accidents. Whether it is a motor vehicle, a faulty product, or even medical malpractice or another kind of personal injury, the outcome is oftentimes the same. Lost income, medical costs, out-of-pocket expenses, and even pain and suffering does happen.
Sometimes accidents are just accidents, where nobody is at fault. But many times someone else is responsible for the injuries incurred, and people are liable when the other is negligent, and the action is intentional.
Negligence
Negligence happens when the following occurs:
- The defendant owes the person injured duty of care
- The defendant breached this by failing to act reasonable in circumstances which came from the accident
- The breach of duty of care created injuries that otherwise wouldn’t have happened
- The plaintiff gets damages awarded for said negligence
These lawsuits happen commonly in motor vehicle accidents, medical malpractice, and finally workplace accidents.
Torts that are Intentional
Intentional torts are different from what negligence is because this is deliberate.
Assault and battery, trespassing, slander, and libel, and even inflicting intentional emotional distress will be taken to trail. The parts surrounding each tort do vary, but the concept is simple. It’s to prove that the person did cause deliberate harm.
While plaintiff might ask for the court to find the defendant liable for injuries due to the negligence, it’s unlikely the plaintiff will get the damages unless they can prove it. The attorney for the plaintiff will get evidence curing all of this before bringing it to trial, where they will determine settlements and negotiations surrounding such.
The liability is dependent on the type of evidence that’s there, and whether it’s admissible to the degree of what injuries at hand. If the plaintiff is successful at this point and they agree to settle this, then the compensation for this is then determined based on lost wages, and of course, pain and suffering along with medical costs.
If you have been injured, you should learn and know the legal rights, along with the compensation you may be awarded when it comes to these injuries as well.
Talk to An Attorney
When it comes to serious matters, especially involving personal injury, the most important thing for you to do is to talk to a personal injury attorney as well to discuss the aspects of your case.
This is important because it can even out the playing field, help you know and protect your rights, and put you in the best place to get the compensation that you should get from this.
With torts, it’s important to settle this with an attorney. Doing this alone means that you’re going to deal with the exorbitant costs associated with the increasing costs of the settlement, and you might not have leverage over the other party in that case. Talking to personal injury lawyers will help you determine the best position for compensation. If you don’t do this, it can affect your ability to get the truly most important compensation that you need.
If you’re curious as well about whether or not you should settle, then you should definitely talk to a personal injury attorney too. They can help you figure out what you truly deserve, and also what you can potentially get from this as well, making it easier for you to better understand the situation that you’re in, and what you’d like to get as well. That way, you can get the compensation that you deserve, so you can heal from this.