Grounds for a personal injury case occur when someone is injured due to another party’s negligence, recklessness, or intentional conduct. These cases protect the rights of an injury victim. If an at-fault party owed you a “duty of care” under the law, breached that duty, and caused you harm, you likely have grounds upon which to file a personal injury case.
As a knowledgeable personal injury lawyer – including those who practice at Telaré Law – can confirm, it isn’t always easy to know if you have grounds for a legal case or not. This is one of the reasons why it is a good idea to schedule a risk-free consultation with a personal injury attorney after you’ve suffered harm – even if you don’t yet know if your situation warrants legal action. Connecting with a lawyer in a risk-free setting will allow you to ask questions and learn about your rights. Empowered by this knowledge, you can make informed decisions about your situation. Here are a few of the most common reasons that injury victims seek the guidance of experienced personal injury attorneys:
Healthcare professionals abide by a standard of care. If they fall below that and cause a patient harm, it can be considered medical malpractice. The victim will need to prove negligence or recklessness. This can be tricky since the practice of medicine is not perfect.
Car accidents result in many personal injury cases. Police reports will typically confirm if a driver is at fault, although laws vary by state. If you were the victim of a car accident that led to injuries and financial loss, you might have a personal injury claim, even if you were also partially at-fault. Accidents are frequently caused by distraction, recklessness, speeding, or driving while under the influence.
Assault, Battery, and Other Intentional Torts
These types of claims differ because the other party’s inflicted harm was not accidental or due to negligence. The victim was intentionally harmed. The accused may face criminal charges, but the victim can also file a personal injury lawsuit in civil court.
Slip and Fall
Property owners must keep their premises in a safe condition. If you are injured on someone else’s property, you may be able to prove that the owner should have recognized the hazardous condition and taken measures to repair it. These incidents can also occur at the workplace.
Dog owners can be held accountable for injuries caused by the animal. Laws are different in each state. Some allow one bite to happen before the owner can be sued. In contrast, others have a strict policy, where it does not matter if the dog has a history of aggression.