What sort of cases does “personal injury” include?
Any physical or mental injury to a person as a result of
someone else’s negligence or harmful act is considered
personal injury. Personal injury protects the rights of
victims of negligence, recklessness, malpractice, and
the inaction of others.
Examples of the types of personal injury cases include:
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What do I need to prove for a personal injury claim?
In order to have a personal injury case, you must be
able to show that you have been injured – either
physically or, in some cases, emotionally. Also, you
must be able to prove that someone else – the
“defendant” – caused your injury under a negligence,
strict liability or intentional misconduct theory.
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What does ‘negligence’ mean?
Negligence is the failure to exercise reasonable care in
a situation that causes, or contributes to an accident.
For example, tailgating – following a car too closely –
is considered negligent behavior. If the car in front of
you brakes suddenly and you hit that car, you are at
fault.
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What is contributory negligence?
This means you have somehow contributed to the injury
you suffered. Yes, the other person was at fault, but
you also failed to exercise reasonable care. For
example, Bob, a car driver, strikes Annette, who was
walking on the sidewalk, but ran into the street without
checking for traffic because she was running from a bee.
It can be argued that Annette’s injury occurred entirely
or in part as a result of Annette’s own actions. An
attorney experienced in dealing with negligence and
contributory negligence can help sort through the
problem and will work for a fair settlement that
reflects both parties’ responsibility for the injury.
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What type of damages can I recover from my personal
injury claim?
That depends on the type and extent of your personal
injury. The two main types of personal injury damages
you may be eligible for are compensatory (actual)
damages and punitive (punishing) damages. The damages may
include the following:
- Medical bills
- Lost wages
- Pain and suffering
- Physical disability
- Disfigurement
- Permanent scars
- Emotional trauma
- Mental anguish
- Loss of enjoyment
- Loss of love and affection
- Embarrassment
- Mental disability
- Property damage
- Out of pocket expenses
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I slipped and fell at a business. Who can be held
liable?
Any number of people or entities may be held
responsible for someone's injuries in a
slip and fall
case. For instance, if a business rents space from a
property owner, both the property owner and the tenant
(the business) may be named as defendants by someone
injured on the property. In that case, the tenant is
known as a possessor of the property, and has a duty to
use reasonable care to prevent injury to those on the
premises under its control. A possessor might also be a
party who manages or maintains the property, such as a
management company.
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What are the steps for filing a claim?
First, get prompt medical treatment for any injuries you
may have. Then, call a personal injury attorney. He or
she can help to protect your legal rights, but proper
medical care should be your first priority. Some
additional steps to help you obtain a fair settlement,
or help your claim process proceed more efficiently:
- Write down as much as you can about the
accident itself. List your injuries and any other
losses you have suffered as a result of the
accident.
- Document the conversations that you have with
people involved in the accident or the injury claim.
- Preserve evidence of who caused the accident
and what damage was done by collecting physical
evidence and taking photographs as soon as possible.
Photographs should include the scene of the accident
from all angles, the surrounding area, your
injuries, and any property damage.
- Obtain the names, addresses, and phone numbers
of all potential witnesses of the accident.
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I think the accident was partly my fault. Can I still
sue?
Yes -- based on the concept of contributory negligence
or comparative negligence. The term contributory
negligence describes the actions of an injured person
that may have also caused that person’s own injuries.
For example, someone who ignores a “No Running” sign in
the mall and trips and falls while running may be found
to have been careless and at fault for any injuries
suffered.
Comparative negligence means that the fault of all
parties is compared, and the amount of damages to be
paid is reduced by the percentage of his or her own
fault. In doing so each person is held accountable for
the amount of damage that their negligence caused.
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Is it really ethical to sue?
We get this question a lot from people in the process of
deciding whether or not to file a legitimate personal
injury claim for compensation in the state of Missouri.
We are willing to discuss this in private, within the
confidential attorney-client relationships.
However, our firm does believe that this is an
individual decision, and we recommend that it be an
informed one – based on an evaluation of all the facts,
parties, and available insurance coverage in your
circumstances.
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Personal Injury
Personal Injury
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Why should I hire a lawyer?
A personal injury lawyer will provide professional legal
representation to obtain the maximum amount of
compensation for your injuries, consistent with the
nature of your injuries and losses. An experienced
personal injury attorney will investigate the
circumstances in which you were injured, identify all
negligent parties, interview any witnesses, and define
a strategy to hold accountable those responsible for
your injury. Additionally, a lawyer can investigate all
sources of recovery and ensure that your medical
expenses are submitted to the proper source for payment.
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Injury Legal Glossary
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