Unwanted events can happen anytime. There are different situations in which personal injury can occur. It can be from vehicle accidents, premises liability, malpractice, defective products, and many other cases and incidences. In these cases, knowledge is your friend as what you can only do is to follow certain important steps on how to claim personal injury and know your rights and how you can protect them. If you ever need a personal injury attorney in Montgomery, Alabama, visit their website for a consultation.
What Is A Personal Injury?
Personal injury falls under civil law where a personal injury claim pertains to the compensation that victims get after an accident or a social wrong such as defamation. The main point in personal injury is that it is the actions of others such as negligence that have caused you such suffering, and you want to hold them accountable for what had happened.
There is a different set of rules and laws on personal injury for different states. In some states, you can only file within two years of the accident and that becomes the statutory limitation window. After consuming this window, you may not be able to file your claim anymore.
Various situations arise when we talk about the harm that we experience. How do we know such a situation calls for a claim on personal injury?
Elements of Negligence in a Personal Injury Claim
As mentioned above, there are many situations where personal injury arises, such as accidents, harm from defective products, and such. Although for most of these, we can identify that the defendant (the one who is claimed to have caused harm) did not intentionally inflict harm unto you, still, their negligence or negligent action have caused you to carry the burden of suffering, injuries, and possible disruption from your daily life and work.
In a personal injury claim, here are the main elements of negligence you have to prove to be able to file your case and get that claim:
- The party at fault is obligated to a duty of care.
- The party failed to fulfill his/her obligation of their duty of care towards you.
- The actions of the party at fault are the direct cause of your injuries and losses
- The actions of the party at fault had resulted in damages
The defendant should have acted in a way that no harm will be brought upon you and makes sure that you are safe. This negligence of theirs is what caused your injuries which is why you need to at least be given compensation for your losses and injuries. Their negligence in the situation is what you need to prove to file a personal injury claim.
In proving that the accused’s negligence is the direct cause of your injury, you may need a lawyer. Stokes Stemle, LLC can provide you a personal injury attorney that will guide you through the whole process of your injury claim. You must work hand-in-hand with your personal injury lawyer to create a strong case that will result in full compensation since having to suffer injury and the disruption of your life which can lead to loss of income must be paid for by the negligent defendant.