The Purpose of Personal Injury Law
When you are injured, you experience financial, mental, physical, and emotional harm that cannot be undone. This is unfair, and the law recognizes that your wrong must be rectified. Unfortunately, the only substitute the law can provide you for the pain and suffering you have endured is monetary damages. As such, personal injury law is the body of rules that dictates when you are entitled to compensation and how much compensation you are entitled to.
Legal Damages In a Personal Injury Lawsuit
You may be reluctant or nervous to work with a personal injury lawyer because you are unsure if an attorney can help you. Alternatively, you may feel that you cannot afford legal services or that you can handle the situation yourself. While there are situations where your concerns may be justified, it is generally best to consult a personal injury lawyer when you are injured. When you are injured, you suffer both out-of-pocket costs—like medical bills and property damage—as well as emotional and mental costs—such as pain and suffering and changes in your daily life. With the help of a trained lawyer, you will receive compensation for all harm you suffer.
From our experience, insurance companies may offer to cover your out-of-pocket costs, but they will rarely compensate you for the pain and suffering you have experienced because of your injuries. These intangible harms are often much more significant than the out-of-pocket medical expenses and property damage you have suffered. A trained attorney will help you receive these damages and make sure all costs associated with your injuries are compensated.
Types of Injuries In Personal Injury Law
Depending on your injury, you may be entitled to bring one or more personal injury claims against the defendant. While all claims fall under the umbrella of personal injury law and fulfill the same purpose of holding the responsible party liable for your injuries, the claim you bring will dictate what elements must be proven before recovering. A skilled personal injury attorney will know what claim is necessary to hold the wrongdoers accountable.
Negligence is one of the most common claims for recovery under personal injury law. Negligence claims enable injury victims to recover monetary compensation for injuries caused by another party’s negligence. Negligence is simply actions that fall below a certain standard of care. In a negligence claim, the law focuses on the wrongdoer’s injury-causing conduct and asks whether the behavior was reasonable for the circumstances.
Whether conduct is reasonable depends on the situation in which the actions occurred. For instance, it may be reasonable to drive 40 miles per hour on a warm sunny day but may not be reasonable during a torrential downpour.
To prove a negligence claim, the injured victim must prove the following:
- The defendant owed a legal duty to the plaintiff
- The defendant breached their duty
- The defendant’s breach caused the plaintiff’s injury
While some instances of negligence are readily apparent, many require trained attorneys to identify them correctly. For example, a person injured in an accident caused by a tire blowout may think the accident was simply bad luck and that no financial recovery is available. However, a trained lawyer may identify a faulty repair job completed months before the accident as the actual cause and hold the service shop responsible for the victim’s injuries. Regardless of how your injuries occurred, it is often wise to consult a lawyer to determine any potential recovery available under the law.
Premises Liability Claims
Premises liability claims allow an injured victim to recover for injuries sustained while on another person’s property. What differentiates these claims from negligence claims is that the claim focuses on the relationship between the injured victim and the property owner. Under a premises liability claim, a landowner’s duty of care to an entrant depends on the entrant’s purpose on the property.
Premises liability categorizes entrants into three categories:
- Licensees: A person with consent to enter the property for their own benefit.
- Invitees: A person invited to enter the property for the mutual benefit of the landowner.
- Trespassers: A person that enters the property without legal authority or consent.
Being injured on another’s property is not enough to hold a property owner responsible for your injuries. A trained lawyer will help you identify your status on the property and determine whether you have a viable claim for recovery.
Product Liability Claims
In a product liability claim, an injured victim can recover compensation for injuries caused by a defective product. These claims differ from negligence claims in that plaintiffs may be able to recover compensation regardless of the defendant’s conduct during the production of the product. In other words, under a claim for product liability, the injured victim does not need to show that the defendant manufacturer was negligent while manufacturing the product to recover for their injuries.
Despite the actions of the manufacturer not playing a role in a product liability claim, these claims are very complex and require lawyers that focus on this area of the law. If you have been injured by a defective product, speak with our Lubbock product liability lawyers today.
Wrongful Death Claims
Wrongful death claims allow family members of a deceased victim to bring a claim against the wrongdoer for the harm they have suffered because of their loved one’s passing. A wrongful death claim is a derivative claim that requires the family to prove that the decedent’s death was caused by the wrongdoer’s actions. Once it has been shown that the wrongdoer is responsible for the decedent’s death, the surviving family is entitled to monetary compensation for the emotional, financial, and mental harm caused by the loved one’s unexpected passing.
If another person’s actions killed your loved one, a personal injury lawyer will identify the responsible parties and determine whether you have a legal right to bring a wrongful death claim.
Proving Fault In a Personal Injury Case
To hold the wrongdoer responsible for your injuries, you must satisfy the elements associated with your claim for recovery. As outlined above, there are many different claims for recovery, each with unique elements. However, every claim has one element in common—your injuries were caused by the complaint of action. Under personal injury law, you cannot hold a defendant liable for damages that were not caused by their actions. Thus, there must be a relationship between the complaint of injury and the defendant’s conduct.
Under the law, this idea is called causation. It may be difficult at first to identify the potential causes of your injury. However, with the help of a trained attorney, you will begin to see how the defendant’s conduct ultimately caused your injury.
When thinking about your injury, it is important to recognize that causation is not confined to time and place. For example, if you are involved in a trucking accident, the trucking company may be held directly responsible for your injuries by hiring a reckless truck driver. Had the trucking company taken greater care while hiring drivers, a reckless driver would not have been on the road, and you would not have been involved in an accident. As demonstrated by this example, the cause of your injury may not be readily apparent at the scene of the crash. Often, a detailed investigation must be conducted before all wrongdoers are identified.
Money Damages Available To Injured Victims
If you sustain injuries because of a wrongdoer’s actions, you are entitled to compensation for all harm caused by their actions. This includes the physical costs associated with your injuries and all the mental and emotional damage flowing from your injuries.
When you are seriously injured in an accident, your injuries are not just physical; your injuries affect every aspect of your life. An easy way to understand this concept is to think of someone that has suffered an injury that requires amputation. When you lose a limb, every aspect of your life changes, from your family dynamic to the activities you can participate in. With this concept in mind, it is easy to understand why the law provides damages for the emotional and mental injuries a victim suffers as a result of another person’s actions.
At The Ammons Law Firm, we take pride in helping catastrophically injured victims regain a sense of normalcy. We have extensive experience in the following areas:
- Burn injuries
- Traumatic brain injuries
- Vision loss
- Spinal cord injuries
- Broken bones
- Neck and back injuries
The effects of your injury will be personal and require skilled advocacy to prove adequately. Working with a law firm that has helped others in your position recover fair compensation should provide you confidence that you can receive the financial assistance you need to move forward.
Consulting a Lubbock Personal Injury Lawyer
It may seem daunting to file a personal injury lawsuit considering the difficulties you currently face in your life. However, a personal injury lawyer will help you get the medical and financial help you need to move forward. If you were injured in an accident and unsure how to move forward, contacting a personal injury lawyer is the first step you need to take to begin the recovery process. A skilled attorney will make sure the evidence is preserved, the wrongdoers are identified, and you receive the compensation you deserve under the law.
There is a reason lawyers from across the nation call The Ammons Law Firm to handle their client’s personal injury cases: we do not stop working until we have held every wrongdoer accountable and have secured you the compensation you deserve. At The Ammons Law Firm, we have helped injured victims throughout Lubbock for over twenty years receive compensation for their injuries.
We Wrote the Book on Tire Defect Litigation
Attorney Rob Ammons has not only handled some of the most complex tire defect cases but also wrote the book on how to properly litigate these types of cases.
Team Approach to Handling Each & Every Case
Unlike smaller law firms, we have the resources necessary to tackle even the most complex cases. To ensure our clients get the best possible results, we hire industry experts and other professionals to advise on any complex legal issues.
Over a Billion Dollars Recovered for Our Clients
Our seasoned legal professionals have handled some of the largest personal injury claims nationwide and have a strong track record of favorable outcomes.