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Personal Injury

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Personal Injury Lawsuit

In its most basic definition, “personal injury” is damage or injury to one’s body that inhibits a person’s ability to enjoy his or her property. A personal injury is often more profound than that. Damage to one’s body or mind can result in long-term consequences to life, earning potential, and family. The culprit is often another person or business acting recklessly or negligently.

A personal injury attorney can help rectify wrongdoing by taking the offending parties to court or seeking a settlement. This not only helps personal injury victims get the justice and compensation they deserve, but also helps discourage similar situations from happening again.

The most serious kind of personal injury cases involve brain injuries, burn injuries, spinal cord injuries, electric shock injuries, paralysis, amputation, and death. They happen in trucking accidents, at construction or work sites, when products fail, or medical malpractice. They require significant knowledge, experience, and skill.

The attorneys at KBA have handled these cases for many years. Partner Justin Browne heads up this group. He has secured tens of millions of dollars in various kinds of cases involving the loss of limb and life. He has litigated and tried cases involving brain injuries, paralysis, amputation, and death. The team at KBA is aggressive litigating these cases and works closely with clients to learn the full scope of how the injuries have changed their lives. They have developed a network of medical and subject matter experts to prove liability, defeat typical defense tactics, and establish substantial damages at trial.

What is Personal Injury Law?

Personal injury law ranges from motor vehicle accidents to nursing home negligence. It includes medical malpractice and mass torts. In short, it arises when a person is injured by someone else. Injuries include physical things like broken bones and scars, as well as pain and suffering.

A personal injury plaintiff may be able to recover past and future medical expenses, past and future wage loss, and compensation for non-economic losses including pain and suffering and loss of enjoyment of marriage. Some states have established personal injury law in statutes based on

Types of Personal Injury Cases to Recover for Serious Injuries

Although some personal injury cases are a result of intentional conduct, the majority of injuries come from negligence.

Most personal injury cases involve negligence. Negligence is basically doing what a reasonable person would do or would not do to avoid hurting other people. Generally everyone has a duty to use reasonable care to avoid foreseeable injuries to other people. For example, the driver of a car should not run a stop sign because that person knows it could cause a collision.

Although state law differs, a plaintiff must typically show a defendant was negligent through four elements.

  • Duty: It Must Be Shown That The Defendant Had A Duty Of Care To The Plaintiff. For Example, A Person Is Expected To Operate A Vehicle With Care For Others.
  • Breach Of Duty: Next, The Plaintiff Must Show The Defendant Breached That Duty By Not Doing Something A Reasonable Person Would Normally Do Under Similar Circumstances.
  • Causation: The Plaintiff Must Also Prove That The Personal Injury They Suffered Was The Result Of The Defendant’s Breach Of Duty.
  • Damages: The Plaintiff Must Have Suffered Damages As A Result Of The Injury.

Plaintiffs can also product liability claims. When a product hurts someone, it could be due to a design defect. The manufacturer may have known about risks associated with using the product, but failed to warn users or provide adequate instructions for use.

Types of Personal Injury Cases

The types of personal injury cases that can be taken to court vary significantly. These are just some examples.

Catastrophic Injuries
These cases involve the most serious, life-changing injuries. It includes death, brain injuries, and loss of limb. Amputation and serious burns are some examples.

Car Accidents
Car accidents prompt the majority of personal injury cases. If a person is driving recklessly, he or she can be held responsible for another’s injury.

Slip and Fall Cases
Slips are another common subject of personal injury cases. The owner of an establishment has the duty to keep people away from dangers and hazards. One of the most common examples is a customer slipping on a substance inside a department store.

Medical Malpractice
A doctor has the duty to provide competent care, but sometimes a doctor can shirk those responsibilities. When that happens and a patient gets injured as a result, a personal injury lawsuit can be filed. An example would be a misdiagnosis that leads to death.

Nursing Home Abuse
The sad reality is that up to two million elderly citizens suffer abuse and neglect from nursing homes and caregivers. When a patient is not kept reasonably safe and cared for, it is possible to file a personal injury case.

How Can a Personal Injury Lawyer Help?

Navigating personal injury law is no easy task. Not only does the law vary by state but much of the law is established in previous court rulings. A qualified personal injury lawyer can help.

Research conducted over the years by the Insurance Research Council(IRC), an independent organization, has found that people who hired attorneys received higher payments from insurance companies in auto injury cases.

Hiring an attorney will help you understand the law better while getting the maximum amount of financial compensation possible.

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