What is a Personal Injury Claim?
In order to fully understand personal injury law or tort law, one must first understand the term “personal injury.” A personal injury exists as a result of someone else’s negligence or wrongdoing. Personal injury laws were created to protect the public from the effects others’ actions may have on their lives. Emotional injuries, however, are also included in personal injury law and you may be entitled to receive compensation even if you have not been physically injured. Emotional injuries may be suffered due to libel, slander, or defamation of character.Free Consultation
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The duty of care is a legal concept that stands for a person’s responsibility for their own actions. In most situations where an injury occurs as a direct result of the wrongful or unreasonable actions of another, the wrongdoer or negligent person will be held responsible for their actions.
Once a duty is found, a breach must be proven. A breach occurs when someone fails to act reasonably under the circumstances. What is “reasonable” under the circumstances is reviewed on a case by case basis.
After a duty, breach and injury are found, it just be shown that the injury resulted from the wrongful or unreasonable conduct of another. In other words, if the plaintiff would have suffered the injury even if the defendant had acted reasonably, causation does not exist. This can be the most difficult element to prove in a personal injury case.
Damages are the injuries that occur, whether it is an injury or death of a person or damage to property. After duty and breach are established, there must be some damages suffered by the claimant for a civil action to take place.
The personal injury lawyers at The Cochran Firm – Dothan have extensive experience in handling all types of personal injury cases, including Auto Accidents, Medical Malpractice Cases, Spinal Cord, and Brain Injury, Product Liability, Mesothelioma, and Premises Liability.
If you feel you have been injured by another, contact the lawyers at The Cochran Firm – Dothan today at (334) 673-1555 to schedule a free case evaluation.