Personal Injury and Property Damage
When a person is injured or their property is damaged because of the negligence of another person or entity, he or she me be entitled to receive a financial compensation for his/her losses and injuries, including medical expenses, lost wages, pain and suffering, and losses for property damage.
Depending upon the type of personal injury suffered, the plaintiff (aka the injured person) may bring a lawsuit based on specific facts of his/her case.
Common personal injury lawsuits include:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Workplace injuries
- Defective product injuries
- Assault and battery
- Construction accidents
- Poor road maintenance
- Dog bites and animal attacks
- Nursing home neglect
- Premises liability
- Water and microbial damages
In order to win a personal injury lawsuit, the injured person must be able to prove that the defendant is liable for his/her injuries. Liability can be established in several ways, but the most common is by proving negligence.
Negligence? What to prove in a negligence claim
A negligent defendant is a person who failed to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. To prove negligence, the plaintiff must prove four things:
1. Duty – The defendant owed a legal duty to the plaintiff under the circumstances. For example, a landlord owes a tenant a legal duty to provide him or her with competent maintenance and repair.
2. Breach – The defendant breached that legal duty by acting or failing to act in a certain way. For example, at nursing home, a resident is attacked by fire ants in bed. The patient was covered in blisters on arm, neck, back & upper torso and was unable to get out of bed. No one came to help. The defendant failed to act in provide the adequate attention.
3. Causation – It was the defendant’s actions (or inaction) that actually caused the plaintiff’s injury; For example, when a bus strikes a car, the bus driver’s actions are the actual cause of the accident.
4. Damages – The plaintiff was harmed or injured as a result of the defendant’s actions. For example, lost earnings, property damage, and medical bills.
If you or a loved one has been injured due to someone else’s negligence, you may consider pursuing a potential legal claim, especially if you’ve incurred medical bills and missed work. At The McKee Law Group, our lawyers can help you evaluate your case in order to determine your options and make a plan for your recovery. Contact us today to schedule your consultation.
