Research shows that many of the lawsuits filed in the United States are based on accidents and conduct that resulted in injury. These lawsuits are personal injury claims that seek compensation for the injuries that victims suffer. However, before pursuing a personal injury legal claim it is important for victims to thoroughly understand such claims. This article will discuss what you need to know about personal injury claims.
Firstly, it must be noted that just because a person suffered an injury does not mean that there is an actionable claim. For you to recover in a personal injury claim there must exist legal grounds that hold the defendant accountable. The most common legal theory used in personal injury claims is negligence. Negligence requires showing that the defendant had a duty to the victim. This means that the defendant owed some obligation to the victim. For example, a vehicle driver must drive carefully and adhere to road rules this is the obligation of the driver to other road users. Another negligence element is that the defendant breached this legal duty. For example, a driver who fails to follow road rules is in breach of their legal duty. Another element is that the victim must show that the injuries were caused by the defendant’s breach of duty and the victim was damaged in some way due to this breach.
Other legal theories that may be used in personal injury claims include strict liability or intentional torts. No matter what legal theory may be used in a claim the plaintiff has the burden of proof to show that all the necessary elements in the claim have been substantiated before recovery is possible.
In most cases people associate personal injury with car accident claims. However, there are many types of personal injury cases including car accidents, medical malpractice, premises liability, animal attacks, aircraft accidents, nursing home abuse, products liability, and any other case where a person suffers harm due to the negligence of another individual or entity.
Many personal injury cases involve insurance companies such as cases relating to car accidents, medical malpractice, etc. The insurance company protects the financial interests of the insurance company, as such the settlement offer made by such companies may not always be fair. This is mainly because they are trying to limit the financial exposure of the insurance company.
Because of the nature of personal injury cases and the flooding of the court system many personal injury cases settle outside of court. This basically means that a judge or jury do not decide the outcome, rather, the victim’s personal injury lawyer negotiates a monetary settlement with the insurance company or defendant. In such instances the victim gets to decide whether or not to accept a proposed settlement. Sometimes settlement happens after mediation. However, if settlement is not accepted the case may go to trial.
Many states follow a comparative negligence model that allows a victim to pursue a personal injury lawsuit even if they are partially at fault for the accident, however, recovery is reduced by the amount of fault the victim contributed to the accident. For more information on personal injury claims and lawsuits contact attorneys in Anchorage Alaska.