According to the law, accidental injuries are those that happen without the defendant’s intent. Some personal injuries, such as battery, are intentional, but most are brought about by accident. Examples of accidental injuries are:
* Car accidents
* Slip-and-fall
* Toxic torts and hazardous material claims
* Premises liability cases
In an accidental injury, there’s often no direct involvement by another person; these injuries are often caused by objects rather than people. The lack of human involvement makes it very difficult to prove liability in accidental injury cases, but a lawyer can help clients make a successful recovery.
Proving Accidental Injury Claims
Accidental injury suits are often based on the theory of negligence, which requires the plaintiff to prove they were owed a duty of care, that the defendant breached that duty and that the breach caused harm. While a defendant may not have caused the injury, their conduct created the conditions under which the injury occurred. Accidental injury claims often involve documentation such as expert testimony, witness statements and documents such as medical bills.
Legal Remedies for the Accidentally Injured
A plaintiff in an accidental injury case can make a monetary recovery, which pays their medical bills. In some cases, special damages can be collected, which cover lost wages and other economic impacts. Defendants in these cases are typically required to take corrective actions, such as product recalls and stricter warning labels. In states with contributory negligence laws, damages can be reduced if the plaintiff’s conduct contributed to the injury.
Other states use the less-strict comparative negligence rule, which considers the plaintiff’s behavior and who created the risk. Plaintiffs can recover damages in comparative negligence cases, but the amount is reduced proportionate to the amount of fault borne by the plaintiff.
Hiring an Attorney for Assistance with an Injury Claim
It is difficult to assign liability in an accidental injury case–doing so requires the help of an Accident Lawyer in Rocklin CA. A personal injury lawyer in your area can provide you with advice specific to your case, and they can represent you throughout the legal process. By hiring an attorney, you can make the recovery you deserve.
