Understanding The Basis For Your Personal Injury Suit
Posted on: 11 August 2015
In the United States, approximately 31 million injuries that require a doctor's care occur in a year. However, not all of these injuries meet the qualifications for a lawsuit. On the other hand, some of these injuries never make it to trial, even though the injured party has a legal claim they could have made. For people who aren't in the business of practicing law, determining whether or not an injury claim has legal merit is difficult.
Fortunately, the notion of basis can help you determine whether you need to speak with a personal injury lawyer about your injuries or not. Basis is the reason that the injuring party is liable for your injuries. The three categories of basis for personal injury lawsuits are:
- Strict liability
- Intentional wrongs
Simply put, negligence is when the person who injured you didn't exercise the normal level of care that a normal person would have under the same circumstances. Whether or not an action satisfies the legal definition of negligence is a matter for a licensed attorney only. That said, understanding some simple examples of negligence can help you determine when it's a good time to speak with your lawyer.
Automobile accidents are a prime situation for incidents that display negligence. If a motorist should have stopped their vehicle at a red light but failed to do so, they could be found negligent. Conversely, direct actions such as speeding or performing illegal lane changes can sometimes satisfy the definition of negligence when they result in an injury.
Another place where negligence factors in to your personal injury suit is in the area of medical malpractice. If specific standards of care are not met, your suit might satisfy the legal test for negligence. If your injuries are the result of an automobile accident or medical malpractice, you should seek legal counsel immediately.
Strict liability is the basis for a specific type of personal injury claim--when injuries are sustained as the result of a faulty or defective product. If you sustain an injury from a product that you've used in the intended fashion, your legal rights may have been violated. In that case, your personal injury claim would be directed at the manufacturer of the product.
That's why so many products are recalled every year--400 of them in 2008 alone. It's often cheaper for the manufacturer to recall their product when they spot a known defect than to risk a slew of personal injury claims against their company. In that way, personal injury law contributes to the safety and well-being of your communities every day.
Intentional wrongs are the type of personal injury that are, arguably, the easiest for a layperson to spot. These injuries are often the result of battery, typically in the form of a fistfight. In the simplest of terms, if someone tries to hurt you and succeeds, they're likely guilty of an intentional wrong.
However, intent to harm isn't the only area in which a personal injury suit can be filed with an intentional wrong basis. Accidents related to emotional distress and pain are also included in this category. For example, a person could point a realistic looking toy gun at you in order to scare you. If you were to fall and injure yourself as a result, they could be held liable for your injury. Also, intentional wrong is possible when people assist injured folks against their wishes.
While these categories can help give you some perspective on the legal basis for your personal injury claim, there is no substitute for a lawyer's counsel. If you've experienced an injury that you suspect falls into any of these categories, your next step should always be to contact a legal professional for help.Share