Many people may believe the refrain that accidents simply happen and there is nothing that can be done to prevent them. However, some kinds of accidents are a lot more preventable than others. If you got hurt solely because another person acted recklessly or carelessly around you, you may have grounds to file a lawsuit against them and demand compensation for every form of harm they caused you to suffer.
Personal injury claims can be difficult to pursue effectively without assistance from an experienced attorney who knows how they work and how to maximize the recovery. With a Cherokee County personal injury lawyer, you could rest assured that your financial security and future prospects are in capable hands.
The Basics of Personal Injury Litigation
While there are a few unique circumstances in which individuals may bear strict liability for harm they inadvertently cause to another person, most personal injury cases require the injured plaintiff to prove that the defendant named in their claim was legally negligent in some way. Negligence has a specific definition in the context of civil law, and all four elements of that definition must be present for a case to be successful.
First, a defendant must have owed the plaintiff something called a duty of care, which is an implicit or explicit obligation to act as a reasonable person would in these same circumstances. Then, the defendant must have done something reckless or careless that ran counter to their duty of care, like breaking a traffic law, failing to take care of their property, or not following through with one of their job duties.
Third, as a direct result of this “breach of duty,” the defendant must have caused some kind of accident to occur. Finally, the plaintiff seeking compensation must have suffered specific compensable losses that they can prove stemmed directly from this accident. A Cherokee County personal injury attorney could explain all these concepts in further detail and provide critical assistance proving that negligence was the cause of the plaintiff’s injuries.
What Are Some Common Lawsuits That Individuals File?
Among the most common personal injury lawsuits that lawyers take on are:
- Auto accidents, including trucks, buses, and motorcycles;
- Premises liability claims, including slip and falls, and negligent security;
- Bicycle crashes and pedestrian accidents;
- Nursing home abuse;
- Dog bites;
- Dangerous drugs and product liability; and
- Catastrophic injuries.
If someone else was responsible for horrific injuries in one of these cases, they should be held financially responsible.
What Could a Personal Injury Plaintiff Recover For?
In a civil lawsuit or settlement negotiation, “compensable” losses do not necessarily have to be economic in nature. In other words, plaintiffs do not have to prove that a loss has an objective financial value to recover for it—they just have to show that it occurred solely because of a defendant’s negligent conduct and would not have occurred but for that negligent conduct.
With that in mind, recoverable damages in a typical personal injury claim may include but are not limited to:
- Medical bills;
- Physical and emotional suffering;
- Lost income and ability to earn income;
- Lost enjoyment of life;
- Property damage; and
- Lost consortium.
However, there are various potential obstacles to comprehensive recovery that could create problems for a plaintiff who does not have representation. It is always wise to seek counsel from an accidental injury lawyer in Cherokee County before proceeding with a claim.
Talk to a Cherokee County Personal Injury Attorney Today
Even if you have conclusive evidence that someone else is to blame for your personal injury, taking effective legal action against them can be extremely difficult if you are unfamiliar with how civil litigation and courts work. Fortunately, help is available from dedicated legal professionals who have helped people just like you achieve successful results in the past.
Retaining a Cherokee County personal injury lawyer could make all the difference in your odds of obtaining comprehensive civil recovery. Schedule a consultation by calling today.