Personal injury law is integral to the very fabric of American civil society. To begin with, it ensures victims are compensated for damages stemming from other’s reckless misdeeds. Next, it holds defendants accountable for their conduct, and finally, it sends a message of deterrence to the general public.
Building on this, the law expects us to exercise a reasonable standard of care when it comes to the safety of those around us. When you sustain injuries and it is another’s fault you are entitled to restitution through a personal injury lawsuit.
With that being said, in this comprehensive blog, you will learn about the basics of this aspect of civil justice, including the types of cases, the damages, and how they are resolved. Keep reading below.
What Is a Personal Injury Lawsuit?
“A personal injury lawsuit is a type of legal action involving two sides, the plaintiff (s) and the defendant (s). The former initiates a claim against the latter for damages they suffered as a result of their actions or lack thereof,” says personal injury attorney John Yannone.
Below are the different types:
- Car accidents
- Medical malpractice
- Animal bites
- Slips and falls
- Product liability
- Workplace injury
The mentioned cases can have far-reaching consequences for the plaintiff, falling into two distinct categories, i.e., economic and non-economic.
The former encompasses damages that can easily be quantified in monetary terms, such as medical expenses, lost income, and property loss. On the other hand, non-economic awards are losses that are much harder to quantify because they are abstract, like emotional distress and loss of enjoyment of life.
How Personal Injury Cases Are Solved
Remember, you, the plaintiff, must prove by a preponderance of evidence that the defendant was responsible for your injuries. Typically, this process unfolds in four steps, as outlined below:
- Duty of care — You must first establish that the other party is responsible for ensuring your safety. For instance, product manufacturers must ensure their products are safe for consumers.
- Breach of Duty — Next, you demonstrate how the defendant failed to observe their obligation toward you. For instance, a producer may have intentionally used substandard materials, reducing the safety of items sold to you.
- Causation — Then, you tie this violation to the event that led to your injuries, like a product malfunction that led to a fire.
- Harm — Finally, you prove you suffered actual damages as a result of the incident, such as burns that warranted immediate medical attention.
Why You Need Legal Guidance
While this process may seem straightforward, this could not be further from the truth. The reality is that the law on personal injury is complex. Even worse, insurance companies can frustrate you with lowball offers and underhanded tactics to persuade you to settle for less than you are owed.
It is for these reasons that you should consult a qualified Maryland personal injury attorney. They will analyze your case, help you understand how the laws apply, and even lay out its strengths and weaknesses.
On top of that, your legal representative will track down witnesses and interview them. If necessary, they will also hire expert witnesses to help solidify your case. Finally, they will handle negotiations with insurance adjusters, advocating for maximum compensation on your behalf.
