A personal injury cause of action, more commonly referred to as a personal injury lawsuit, is a legal action taken when someone has suffered an injury due to the negligence or misconduct of another. “Negligence” means that the person responsible for the harm owed a duty of care to prevent it from happening, but failed in some way. Personal injury lawsuits are designed to provide financial compensation to injured individuals for their physical and/or mental suffering and other damages caused by the negligent party. Depending on the specific facts of the accident or incident, this may include medical expenses, lost wages, pain and suffering, loss of consortium (the ability to enjoy life) and other forms of compensation. Through a personal injury cause of action, those who have been wrongfully injured can seek justice and receive the financial support they need to move forward with their lives. In this article, we will discuss what a personal injury cause of action is and how it works. Fill out the form below to see if you qualify for free representation and compensation in a Personal Injury Lawsuit.
What is a personal injury cause of action?
A personal injury cause of action is a legal claim alleging that the plaintiff has been injured due to the negligence or intentional misconduct of another party. The elements of a personal injury claim are: duty, breach, causation, and damages. To succeed in a personal injury lawsuit, the plaintiff must prove that the defendant owed them a duty of care, breached that duty, and that the breach was the proximate cause of their injuries. If the plaintiff can prove these elements, they may be awarded damages for their injuries.
Defining personal injury
A personal injury cause of action is a legal claim filed by an injured person against the person or entity responsible for their injuries. The claim seeks compensation for the injured person’s physical and emotional injuries, as well as any economic damages such as lost wages and medical expenses.
Most personal injury claims are based on the legal theory of negligence, which requires the plaintiff to prove that the defendant owed them a duty of care, breached that duty, and that the breach caused their injuries. In some cases, however, claims may be brought under other legal theories such as intentional tort or strict liability.
If you have been injured in an accident or due to someone else’s careless or wrongful actions, you may have a personal injury claim. To learn more about your legal rights and options, please contact a personal injury attorney for a free consultation.
The different types of personal injury claims
There are three different types of personal injury claims: negligence, strict liability, and intentional wrongs.
Negligence is the most common type of personal injury claim. It occurs when someone fails to take proper care and as a result, another person is injured. For example, if a driver runs a red light and hits a pedestrian, the driver may be found negligent.
Strict liability claims are less common than negligence claims. They occur when someone is injured as a result of an action that is inherently dangerous. For example, if someone is injured by a defective product, the manufacturer may be held strictly liable.
Lastly, intentional wrongs are the least common type of personal injury claim. They occur when someone intentionally causes harm to another person. For example, if one person punches another person in the face, they may be liable for an intentional wrong.
One Click is All it Takes
Have a challenging case? Get a free consultation by our experts
The different types of personal injury cases
There are three primary types of personal injury cases: intentional torts, negligence, and strict liability.
Intentional torts are caused by the deliberate actions of another person or entity. The most common intentional tort is assault and battery. Other intentional torts include false imprisonment, defamation, and trespass.
Negligence occurs when someone fails to take reasonable care to avoid harming others. This can happen in a variety of ways, such as car accidents, slip and fall accidents, and medical malpractice.
Strict liability means that a person or company can be held liable for damages even if they did not intend to cause harm. This is often the case with defective products.
How to prove a personal injury case
If you or a loved one has been injured in an accident, you may be wondering if you have a personal injury case. The first step is to determine if there is a legal basis for your claim, known as a “cause of action.”
To have a valid cause of action, three elements must be present: duty, breach of duty, and causation. Let’s take a closer look at each of these elements.
Duty: The defendant (the person being sued) owed the plaintiff (the person filing the lawsuit) a duty of care. This means that the defendant had an obligation to act in a certain way to avoid harming the plaintiff. For example, all drivers have a duty to operate their vehicles in a reasonably safe manner.
Breach of Duty: The defendant breached their duty by failing to act in the required way, resulting in an accident that harmed the plaintiff. For example, if a driver runs a red light and hits another vehicle, they have breached their duty to drive safely.
Causation: The plaintiff’s injuries were caused by the defendant’s breach of duty. In other words, but for the defendant’s actions, the plaintiff would not have been injured. Causation can be difficult to prove, but it is essential for a successful personal injury claim.
If you can prove that all three of these elements are present in your case, then you likely have a
One Click is All it Takes
Have a challenging case? Get a free consultation by our experts
The statute of limitations for personal injury cases
In most personal injury cases, the statute of limitations is two years from the date of the accident. This means that you have two years from the date of your accident to file a personal injury lawsuit. If you do not file your lawsuit within this time frame, you will be barred from recovery.
There are some exceptions to this rule. For example, if you were injured as a result of medical malpractice, the statute of limitations may be different. In some cases, the statute of limitations may be extended if the injured party is a minor or if the defendant’s identity is unknown.
If you have been injured in an accident, it is important to speak with an experienced personal injury attorney as soon as possible to ensure that your rights are protected and that you file your lawsuit within the applicable statute of limitations.
Damages in a personal injury case
A personal injury cause of action is a civil claim alleging that the plaintiff was injured due to the negligence or recklessness of another. If successful, the plaintiff may recover damages for their injuries.
There are two types of damages that may be awarded in a personal injury case: compensatory and punitive. Compensatory damages are intended to reimburse the plaintiff for their losses, such as medical bills, lost wages, and pain and suffering. Punitive damages are intended to punish the defendant and deter future misconduct.
Compensatory damages are further divided into economic and noneconomic damages. Economic damages are quantifiable losses such as medical bills and lost wages. Noneconomic damages are more difficult to quantify, but may include pain and suffering, emotional distress, and loss of enjoyment of life.
The amount of damages that may be awarded in a personal injury case depends on the severity of the injuries, the amount of economic loss suffered by the plaintiff, the degree of fault attributable to the defendant, and other factors.
Our Free Personal Injury Cause of Action Lawsuit Consultation
A personal injury cause of action is a legal claim that someone was injured because of another person’s negligence. To have a valid personal injury claim, the injured person must be able to show that the other person owed them a duty of care, and that this duty of care was breached. The breach of duty must have caused the injury, and the injury must have resulted in damages.
If you think you may have a personal injury claim, the best way to find out is to contact a personal injury lawyer for a free consultation. During this consultation, the lawyer will review your case and help you determine whether or not you have a valid claim. If you do have a valid claim, the lawyer can help you understand your legal options and how to proceed with your case.