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Accident and Injury Law Questions
People bring personal injury and accident lawsuits claiming negligence when they are injured in an accident. In a personal injury or accident lawsuit, the plaintiff must show that someone owed them an ordinary duty of care, the duty was breached, and they sustained physical or emotional damages. This lawsuit must be brought within a limited time period, known as the statute of limitations. Once the time period elapses, usually two or three years, an injured party is precluded from bringing a lawsuit.
Accidents occur in many situations, but personal injury cases often arise out of car accidents, slip and fall accidents, wrongful death, dog bites, malpractice, or product malfunctions. Some reasons a place of business or individual might be responsible for an accident could include: the failure to keep a floor clean, improper lighting, a poorly maintained railing, or talking on a cell phone while driving.
If you have been injured in an accident, you should immediately see a doctor for treatment so you can document your injuries. If the defending party is determined to be responsible for the injury, the court considers the extent of the injury, how it affected the claimants life, medical bills incurred, loss of work, and past case law to determine a monetary amount that will compensate the claimant.
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