Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct.
Some of the most common types of personal injury cases include: - Slip and fall - Automobile accidents - Assaults and battery - Medical malpractice - Product liability
In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained.
Personal Injury Damages
Personal injury lawyers can help ensure that their clients receive the damages to which they are entitled by law. Some of the items for which injured parties are legally entitled to compensation include lost wages, pain and suffering, past and future medical bills, etc.
"Legal Causation" of Personal Injuries
Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. Besides the injury, the plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. The plaintiff must present proof of causation both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of the particular matter in question.
In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant engaged in intentional conduct. This means that the wrongdoer intentionally or purposefully harmed the plaintiff or knew that the conduct in which he or she engaged gave rise to a substantial likelihood that harm would result.