A personal injury is one that involves an injury to a person’s body or mental well-being. Lawsuits for a personal injury center on tort law, which covers the injury and the suffering of the victim. Tort laws are categorized into three general categories:
- Intentional torts
- Unintentional torts
- Strict liability
What Injuries and Accidents Qualify for Personal Injury Cases?
A personal injury case involves one or more injuries that are the result of someone’s negligence. Common case types include, but are not limited to:
- Motor vehicle accidents
- Slip and fall incidents
- Medical malpractice
- Defective products
- Premises liability
- Assault and battery
- Pedestrian accidents
- Motorcycle accidents
How Unintentional Torts (Accident Claims) Work
The most common type of personal injury claim is the unintentional tort, which is an accident claim. These claims involve injuries stemming from unintentional accidents. Sometimes they involve one plaintiff, while other times multiple plaintiffs are involved.
Most unintentional claims filed involve the theory of negligence, which requires that the plaintiff prove four main elements:
- Duty of Care – You must show that the individual responsible for your injury owed you a duty of care. For example, all motorists are required to follow traffic signals, speed limit signs, and drive with care to avoid an accident.
- Breach of Duty – Next, you must show that the defendant breached their duty, such as receiving a citation for speeding when speeding caused the accident.
- Causation – A person’s breach of duty will not apply if the breach of duty did not cause your accident. You must show that the breach was a direct cause of your accident.
- Damages – Lastly, show that the injuries you sustained caused damages – such as medical costs, lost wages, and property damage.
Damages Vary on a Case-by-Case Basis
If you have a personal injury claim, you will need to speak with an attorney. Injury cases typically involve general and special damages, but the amounts will depend on the unique circumstances of your case. The following is a general idea of the types of damages you could receive – but is by no means a complete list.
General damages compensate for the injury and include your pain and suffering. The amount of general damages you receive depends on the severity and permanence of the injury, pre-existing injuries, and your overall pain and suffering.
Special damages – sometimes called specific damages – compensate for all monetary losses associated with your case. These include your medical expenses, future medical bills, lost wages, and loss of earning capacity going forward. These damages are very specific and calculated based on statements, insurance bills, and paystubs proving your financial losses.
Consult with an Injury Attorney in Savannah, Georgia
After a serious injury caused by someone’s negligence, it is best that you speak with an attorney. A personal injury advocate can help determine if you have an injury claim, the type of claim, and the respective damages. Furthermore, your attorney is there to seek compensation from the at-fault party while you focus on recovery.