When a person sustains an injury due to the negligent actions of another, they may be faced with significant injuries and damages. The severe injuries could include head trauma, organ damage, broken bones, and spinal cord trauma. Fortunately, those who have been injured may be eligible to recover compensation from the responsible party. Navigating your way to a settlement, or if necessary, a successful judgment at trial could be a formidable quest for anyone on their own.
If you or a loved one were injured due to the reckless actions or inaction of another, a seasoned personal injury attorney could help you seek monetary relief. A Gautier personal injury lawyer could take a look into your case and help you recover the compensation you need to move forward.
The vast majority of personal injury cases that are filed stem from unintentional torts. An unintentional tort is a wrongful act that occurred without intent and caused harm to another person that could lead to civil liability. Unintentional tort law is commonly referred to as negligence.
To bring a case for negligence, the injured claimant’s Gautier personal injury lawyer would have to prove the following:
Everyone owes a duty to act as reasonably prudent persons under the circumstances. A duty of care might vary depending on someone’s given age, occupation, or situation. Children, for example, are not held to the same standard of care as a medical physician diagnosing a patient. A defendant is said to be in breach when they fail to uphold their respective standard of care. It is up to the plaintiff’s personal injury attorney to prove by a preponderance of the evidence that the defendant’s breach, or negligent conduct, was the cause of their injuries.
Another large portion of personal injury claims arise from intentional torts. Like unintentional torts, these are wrongful acts that lead to civil liability when they cause harm to another. However, intentional torts require that the wrongdoer intends for the harmful result to occur. Common examples of intentional torts include:
Those that commit intentional torts may face criminal liability, as well as civil liability. For example, if someone assaults another person, they could face prosecution by the state, but the assaulted individual could still bring a personal injury lawsuit to sue the assaulter for civil damages.
Personal injury plaintiffs seeking economic, non-economic, or punitive damages, must file their case within the statute of limitations. Per Mississippi Code §15-1-49, injured claimants have a three-year statute of limitations to file their personal injury lawsuit. A statute of limitations is a time frame created by each state that designates how much time a plaintiff has to file their action. Failure to file their case within the time limit would result in losing the right to sue for that cause of action.
Personal injury cases are often timely and complicated, involving meticulous deadlines and procedures. If you are seeking to bring a personal injury case, you might benefit from the legal services of a Gautier personal injury lawyer.
With legal knowledge and experience, they could keep you informed every step of the way as they fight for your recovery. They could help you strategize, plan, and strive for the relief you seek against insurance companies and opposing law firms that want to limit your ability to reach your recovery goals. Call now to schedule a consultation.