Personal injury claims cover a broad range of categories, including medical malpractice, car accidents, slips and falls and product liability. When you incur an injury or harm due to another’s negligence, you have the legal rights for compensation for damages, whether it’s an individual, business or government agency. Damages include pain and suffering, lost wages, loss in earning capacity, property damage and more. The key factors to proving negligence center on duty of care, breach of duty, direct causation of harm and damages.
The Elements of Negligence: The Law Firm of Byler & Sampson
It must be established that the other party had a duty of care and that that duty was breached. For example, in medical malpractice cases, health care professionals are held to the standard of providing the same level of case as others in their specialty under the same circumstances. It must be shown that the health care professional provided sub-standard care. In a car accident personal injury case, drivers have a legal duty do operate their vehicle with reasonable care and with adherence to traffic codes, such as driving the speed limit and yielding. When the driver of a vehicle violates traffic law, they have breached the duty of car to other drivers, pedestrians and passengers. It must then be clearly established that injury or harm to the plaintiff was a direct result of the other party’s negligent action or inaction. Lastly, there must be documented proof of damages, such as medical expenses.
Settlement in Personal Injury Cases
Often, insurance companies will deny a personal claim or decrease the settlement offer with allegations of contributory negligence by trying to shift blame onto the injured party. If the case should go to trial, insurance companies have aggressive in-house defense attorneys. The Law Firm of Byler & Sampson helps level the playing field for those who have a personal injury case. They are experienced in dealing with insurance company representatives and attorneys. As a matter of fact, many personal injury cases are settled prior to trial with the help of an experienced law firm.
If you have suffered an injury because of someone else’s negligence, let us help. We are happy to provide a free consultation on all types of issues including dog bites, slip and falls, product liability and medical malpractice claims.