A certain set of criteria must be met to successfully prove your case. Every personal injury claim deals with two issues: Liability and Damages.
The burden of proof falls on the plaintiff to prove a personal injury claim. The plaintiff must prove by a preponderance of evidence that the defendant was at fault for the plaintiff’s injuries. This means the standard requires you to show your version of the facts to be “more than likely” true.
Once liability has been established then damages must be be proven. The plaintiff has a responsibility to show what damages were caused or are anticipated because of the personal injury. This may include easily quantifiable things such as past medical expenses or other less quantifiable things such as loss of companionship. The court will determine the compensation due once the damages have been proven. Punitive and other damages will be considered at this time.
You may have the legal right to file a personal injury lawsuit if you or your loved one have suffered a serious personal injury as a result of another party(s) negligence or wrongdoing. The personal injury claim would seek to compensate you for the damages suffered. This would include economic recovery for your losses, pain and suffering, lost earning capacity including present and future expected losses, medical expenses, and more.
A personal injury claim is called a “ tort ”. It is intended to protect those who have been harmed due to another party’s actions or negligence.
Tort claims fall under three general categories
- Intentional misconduct or wrongs which the defendant should have known would occur through his/her intentional actions.
- Negligence, in which the defendant’s actions were unreasonably harmful or the defendant failed to act, and
- Strict liability, under which the defendant can be held liable for harm caused by a product or action, without the requirement of proving negligence.
In many cases of personal injury, expert witness testimony (e.g. medical expert testimony) may be required to prove that your injuries were the result of the defendant’s actions or negligence. This is particularly true in cases of medical malpractice, where a breech of duty must be proven. Many states have established a “Cap” on medical malpractice for pain and suffering. In California the cap is $250,000.
Personal injury cases are also subject to a statue of limitations, which varies from state to state. The statute limits the time a victim may file a personal injury lawsuit. A statute of limitations can range anywhere from months to years following the date of the incident or the date of discovery (depending on the specifics of your case). It is important to speak with a qualified personal injury attorney to preserve your legal right to file a claim.
Because personal injury laws can be complex it is important to consult early with a qualified personal injury attorney to evaluate your claim, build a strong case with clear evidence and expert testimony, and protect your legal rights and interests.