Accidents can always happen. Statistics show that in the US, every single day there are people that are hurt and even killed in several types of accidents. It does not matter if an individual is hurt in car accidents, due to the medical malpractice of a doctor, or defective products. Outcomes are always exactly the same.
The victim is faced with medical sots, having to pay expenses, lost income, and much more. And when the accident is not simply an accident, it is possible someone can be considered legally responsible. People are liable when they injury others in the event that legal negligence is committed.
For someone to be considered liable because of negligence, according to Regan Zambri Long in Washington DC, the party who was injured or their survivors always need to prove some things, like:
- Defendants owed some sort of duty of care when connected with the injured party.
- Defendants ended up breaching duty of care because of an act, like not acting how reasonable people would.
- Defendants ended up breaching that duty of care and this action is what caused injuries.
- Plaintiffs are entitled to damages due to the other elements we mentioned above.
The common accident lawsuits, like workplace accidents, medical malpractice, and motor vehicle accidents usually appear due to alleged negligence.
Filing Intentional Torts Lawsuits
The intentional tort is not the same thing as negligence. This is because they will require a tortfeasor who acts with a deliberate intent of causing injuries. The most common intentional torts examples include battery, trespassing, false imprisonment, assault, slander, emotional distress, and libel. Such torts do have varying elements. However, all of them require having plaintiffs to prove the fact that defendants acted with some sort of deliberate intent. Basically, the goal is to cause harm in these cases.
Plaintiffs will request having courts find defendants liable because of intentional tort or negligence. However, plaintiffs will most likely not recover the damages if it is not proven that the elements mentioned before are actually reality. The attorney of the plaintiff gathers evidence through interrogatories, documents, or depositions. Then, the evidence is used during settlement negotiations.
When settlement negotiations with insurance companies do not work out well in the sense that the insurance adjuster does not offer a good enough amount that is capable of covering all damages and injuries, the case can go to trial. Trials are longer and much more serious. However, they also tend to bring in the highest financial compensations.
Liability is at the heart of every single personal injury case filed. However, several other complications might appear. It is very important that you have an experienced personal injury attorney by your side because the specialist is going to help you to build a really strong case.
Victims can stay focused on recovering and do not need to worry about the legal side of things. The legality of everything is analyzed by the attorney. At the same time, the personal injury attorney will build a case so that it can perfectly be proven that the defendant was at fault.