MJB Law Offices

What Are the Elements of Personal Injury?

Personal injury claims typically include damages, causation (duty of care), and the statute of limitations. These elements are essential to a successful case. Learn about each one in detail. Next, learn about the personal injury statutes of limitations in your particular state. Each element of your claim must be proved in court. Most cases allow you to recover damages or a portion of your losses.

Damages

The three types of personal injury damages are based on the same theme: pain and suffering and physical injuries. Although insurance companies often overlook this benchmark, plaintiffs may be able claim for pain and suffering. Non-pecuniary damages can include psychological trauma and other costs. A person’s health can also be affected by non-pecuniary common damages.

Causation

The legal element of negligence is called causation in personal injury cases. This requires proving that the defendant’s negligence caused the plaintiff’s injury. There are two different types of causation: direct causation, which is where the defendant directly caused the plaintiff’s injury, and indirect causation, which is when the defendant was merely negligent. In both cases, the plaintiff must prove the defendant’s negligence caused their injury.

Care duty

A duty of care is a legal concept that describes an individual’s responsibility for preventing injury to others. Failure to fulfill this duty could lead to legal liability. While this principle applies to nearly everyone, some situations involve a higher standard of care than others. Common carriers, for instance, are obligated by law to protect their passengers from injuries, even if they weren’t negligent. For example, a bus company is obligated to keep its driver and passengers safe. If a bus driver is distracted by a cell phone conversation, the bus company could be liable for an accident.

Limitations statute

A personal injury lawsuit can be filed if someone else is legally at fault for your injuries. The personal injury statute of limitations runs for two years from the date of the accident, or the discovery of the injury. However, they can run earlier. You can file a lawsuit if your dog was injured while you were playing with it. Children are often exempted from this rule, which gives them a much longer time frame to file a lawsuit. You must be aware of the deadline to ensure you don’t miss out on valuable compensation.

Reckless behavior

Recklessness is a factor in personal injury. In order to bring a personal injury case, the defendant must have known of or should have known that their actions might cause injury. The definition of recklessness is a little bit nuanced but broadly speaking, reckless behavior refers to any behavior that puts others at risk. Reckless behavior is different from negligence or intentional harm. Intentional injury refers to the intention of someone to cause harm, or to do something that could prevent harm.

Personal Injury Claim 101: Understanding the Process From Beginning to End

In this article, we will discuss what personal injury claims entail and how to proceed. We will also cover the Time Limits and Liability of the Defendant as well as the Damages that you may be able claim and the Pre-litigation stage. In this article, we will also look at the importance of taking photos and videos of your injuries. We will also discuss what the Defendant can do to protect their rights and how to prepare for your case prior to filing.

Time limits for

Personal injury claims must be filed within a specified time frame. There are some exceptions, however. A minor, for example, has more time to file a suit after turning 18. Generally, a car accident that causes injury to a minor has a two-year statute of limitations. In Colorado, a similar statute applies. Depending on the type of injury and the state, you may have more time to file a personal injury claim after the date of the incident.

The liability of the defendant

In a personal injury case, defendants have many defense options. In many cases, defendants attempt to limit their liability by delaying or denying the onset of injuries. In other cases, defendants argue that the injuries existed before the accident, thereby preventing them from being liable for the damages. However, courts have developed legal tools to help defendants avoid liability in these situations.

Damages you can recover

The amount of compensation you can recover from a personal injury claim depends on the type of accident and its severity. For example, in an auto accident, you may be awarded the value of a totaled car or a total loss of use. Personal property and your home could be damaged. Calculate the value of any property that has been damaged or lost and then demand a fair amount. In the end, you might win the case.

Pre-litigation

Pre-litigation for personal injuries claims is available if you have been hurt by someone else’s negligence. Pre-litigation begins when an insurance company contacts the victim and opens a case. Although this is not a formal lawsuit it involves an investigation and the collection valuable information. Before the pre-litigation process is completed, you can also demand compensation.

Settlements

If you have been in an accident and sustained injuries, you may be entitled to a settlement from the responsible party. Personal injury claims are not always easy to win. Personal injury claims can be very complex. You should seek compensation for the pain and suffering that you have suffered and for the effects the injuries have had on your life. Although a small “token” amount may be enough to compensate you for the inconvenience, more serious injuries can lead to a lifetime of suffering.

You should consult experts

Depending on the facts of your case you may be able use an expert witness to explain the details and how your injuries are likely recover. You may also be able to use an expert witness to testify in court. These experts are highly qualified and have extensive knowledge in the area of personal injury law. Their testimony will be crucial to your case. These are the types of experts you should hire for your claim.