Accidents / Personal Injury

This subset of personal injury law, deals with legal claims that arise when compensable injuries and/or property damages are sustained in accident. Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.

The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another. Establishing negligence is the key in a car accident lawsuit since it usually determines who is at fault, and therefore who is liable (legally responsible).

Negligence may be found when an individual failed to use reasonable care and this action or failure to act resulted in injury or harm to another individual. This legal theory is an essential element for a successful accident injury claim.

Negligence can include acting carelessly or thoughtlessly, such as speeding or running a red light, or failing to act in an acceptable, necessary manner, such as leaving car lights off while driving at night or not stopping for a pedestrian. Once liability is established the injured or damaged party may seek compensation, which can include payments for medical expenses, property damage, pain and suffering and lost wages or earning capacity.