Nothing puts a damper on a fun night out quite like experiencing a major injury. This situation is only made worse when the injury wasn’t caused by your own actions, rather the actions of somebody else. However, it may benefit a person to know that there are legal steps they can take if their injury led to significant damages which have impact their life. Pursuing a personal injury lawsuit may be the right choice for you depending upon your situation and where the accident occurred.
Contents
Personal injury law, as outlined by the American Bar Association, is a subset of the legal system which deals with protecting an individual if they or their property is harmed through the results of the actions of others. In a personal injury lawsuit, the injured part seeks compensation for injuries supposedly caused by the defendant of the case. In regard to this type of law, the major foundation of it rests upon negligence being involved.
To those unfamiliar with the term, negligence is a form of behavior. Specifically, negligence occurs when a person acts in such a way that they risk harming others as a result of their actions. A key aspect of negligence is that a reasonable person in the same situation would not be acting in the same manner as a negligent individual. Personal injury lawsuit cases often come down to whether or not negligence was involved on behalf of the people involved.
Understanding your legal options if you’re injured while out having a night of entertainment can be challenging. After all, being inside a sports stadium or a bar and being injured can make it difficult to know who is at fault for your injuries. In short, a person or a venue itself could be held liable for your specific injuries depending on what occurred. As an example, if you are in a bar and a part of the ceiling falls down on top of you, the bar could potentially be held liable if they did not maintain the building.
Likewise, however, if a person is stumbling around and slams into you from an unforeseen direction, causing you to injure yourself as you fall, the specific person, rather than the bar, would be held liable in most cases. With that said, the bar could potentially still be held liable if they overserved the individual, but that is a more specific type of case.
Winning a personal injury lawsuit can feel impossible because of how nuanced the law can seem regarding the matter. However, bolstering your chances at success in a personal injury lawsuit boils down to just four main principles:
First and foremost, it must be shown that the party who caused the accident had a duty of care to keep you and others out of harm’s way. In the bar situation outlined earlier, a bar has a duty to keep their establishment in good condition so that no accidents happen. Likewise, a person has a duty to watch how much they drink so that they don’t cause a potential situation.
Second, it must be shown that there was a breach of the duty that the defendant had. Following up with the bar example, it would require proving that the bar allowed the infrastructure of the building to deteriorate over time.
Third, the injured party must show that they suffered some type of injury resulting from the breach of duty that occurred. For example, the roof falling down onto a person needs to cause the injury, not walking outside afterwards and slipping on someone else’s property.
Finally, it must be shown that the injuries a person suffered directly correlate with the damages they are outlining, specifically the compensation related to those injuries. This can be proved through medical bills or something similar. The reason for this is that the amount being requested needs to justify the extent of the injuries suffered.
Before taking the steps to contact a personal injury lawyer, it’s only natural to wonder about how much you can actually win from a personal injury case. While the exact value can vary from case-to-case, the average person walks away from a personal injury lawsuit being awarded around $25,000. With that said, certain personal injury trials, such as medical malpractice lawsuits, can potentially provide the plaintiff with hundreds of thousands of dollars.
For some people, pursuing their case in trial may not be the preferred method for solving the situation. In fact, the vast majority of civil lawsuits never reach trial, with the following three alternatives being the most common ways to settle the matter:
Nobody wants to experience an injury that leaves them with medical bills to pay and a slew of other issues that can arise from an accident. However, the unfortunate truth of a night out is that accidents can certainly happen. In the event one does occur, it’s important to know that you have legal options available to you which can provide monetary compensation should the court agree with your side of the events. Reach out to an accredited personal injury lawyer as soon as possible after your accident to discuss potential options related to your case.
Today's medical industry is constantly changing. New technologies and treatments are continually emerging, and patients'…
The first things that spring to mind when planning a trip with loved ones are…
Introduction: A New Approach to Debt Repayment Paying off debt can often feel like a…
Nowadays, prioritizing self-care has turned out to be more essential than ever. Amidst the chaos…
Test-taking is a fundamental aspect of a school student's life in Australia. From NAPLAN to…
Experiencing a lockout can be a stressful ordeal, whether it’s from your home, car, or…