Suffering an injury caused by another party’s negligence can have negative effects on all areas of your life. Beyond physical harm, an accident victim may be subject to financial difficulties due to medical bills or lost wages. Not only must one contend with that, but depending upon the nature of the accident or injury sustained, the victim may have to cope with emotional struggles, too.
At Daily Aljian our legal team is prepared to assist you if you have suffered any injury caused by a negligent person or organization, you may be eligible to receive financial compensation. Contact us today at 949-861-2524 to discuss your legal rights with a capable legal representative.
Elements of a Personal Injury Case
In order to have a personal injury case, the plaintiff has to prove the defendant was acting negligently in his or her actions. To prove negligence, you must establish the following:
- Duty – the defendant had to owe a duty to the plaintiff to act responsibly
- Breach of Duty – the defendant either acted or failed to act to protect the duty he or she owed the plaintiff.
- Cause – the actions had to directly cause the injury
- Damage – the plaintiff had to suffer physical harm, emotional trauma, or financial loss as a direct result of the defendant’s actions.
Common Types of Personal Injury Claims
The following is a list of some of the more common types of injury claims. Generally an injury claim can be brought when another party’s negligence caused the accident.
- Vehicle Accidents: A large percentage of personal injury claims come from accidents involving cars, trucks, motorcycles, bicycles, and scooters.
- Pedestrian Accidents: Whether you are on the sidewalk, street, or in a driveway, you may be able to file a claim if you are hit by a vehicle.
- Slip and Falls: These often occur in grocery stores and shops, but can also occur on the street.
- Dog Bite: Laws vary between jurisdictions, but generally these must occur without the dog having been provoked, and outside of the area where it is confined.
- Swimming Accidents: Among the most common causes of death in children, swimming accidents in private or public pools or in lakes are a hazard for anyone. A fall in a pool area will likely be treated as a slip and fall.
- Medical Malpractice: This includes surgical error, mistakes made in the emergency room, failure to diagnose a time-sensitive disease such as cancer, etc.
- Workplace Injury: While construction work ranks highest for workplace injury and death, any work environment poses hazards. Falling objects, burns, chemical spills, and even ergonomic injuries are included.
- Defective Products: These can include defective medications which cause injury, machinery, automobiles, etc.
- Nursing Home Abuse: The frequency of abuse and negligence against the elderly and those who cannot take care of themselves is shockingly high. This can include lack of care, physical abuse, wrongly administered medication, and many others.
- Wrongful Death: These cases legally must be brought not on behalf of the victim, but for losses suffered by family as a result of the wrongful death—usually the spouse and dependent children.
If you are hurt in an accident such as one listed above due to the negligence of another, you may have grounds for a personal injury claim.
There is no need to continue to bear the consequences of another party’s negligent actions without help. To speak with a professional attorney, contact Daily Aljian LLC, at 949-861-2524 today.