Accidents happen. It’s a fact of life. But they don’t always have to happen. In other words, some accidents happen because someone dropped the ball. It could be a homeowner who neglected to maintain the sidewalk in front of his house or failed to shovel the snow or put down ice melt after a winter storm. It could be a motorist who fails to exercise caution at a pedestrian crosswalk or stop sign. In other words, pure happenstance did not cause the injury to the innocent person who just happened to be in the wrong place at the wrong time. Negligence did. And if the personal injury suffered by the victim is substantial he or she has cause to file a personal injury case. This can bring up two questions. How substantial is substantial? And what constitutes negligence?
What Type of Injury Constitutes Sufficient Grounds for a Personal Injury Case?
Although each personal injury case is unique, there are several things that can be said upfront. First of all, not every injury is sufficiently serious to qualify as a personal injury claim. This is why personal injury lawyers in Mobile insist on meeting with a prospective client, so they can hear exactly what happened and what it is costing the victim before agreeing to take on a case. One parameter that goes into deciding whether an accident or incident will stand up in court is the extent of damage done to the victim. Were the damages that resulted economic or were they non-economic? Were the injuries inflicted major or were they minor?
Major Injuries
Major injuries not only bodily damage the victim, but they also alter his ability to navigate daily living thus lowering his overall quality of life. Some examples include
- Amputations
- Loss of eyesight
- Spinal cord injuries
- Significant scarring or disfigurement
- Paralysis
- Severe burns
Then there are the types of injuries that may not initially appear to be major when they occur. They seem to heal but as time goes on, latent symptoms arise and reveal themselves to be lasting. Brain injuries are a prime example. While effects like bruises and bumps, even a concussion may be obvious at the time of the car accident or fall, secondary brain injuries tend to reveal themselves as time go. It can be weeks or even months before it is determined that cellular alterations, chemical changes, and blood vessel damage are contributing to further brain damage.
Types of Damage
Economic Damage
Economic damages involve money. Some are obvious such as expensive and lengthy hospital stays, ongoing medical visits, physical therapy, and costly medications. Others are less obvious, like lost wages; money spent to hire caregivers or housekeepers if the victim is temporarily or permanently unable to care for himself or herself; transportation or mileage expenses incurred in traveling to medical appointments.
Non-Economic Damage
Non-economic damages are intangible or hard to quantify. They include pain, suffering, and mental anguish. Non-economic damages can also take into account ways in which the victim’s life has been changed by the incident. Perhaps he or she was a runner or biker who can no longer take part in these daily routines as a result of their injury. PTSD also falls into this category. Non-economic damages are those that damage the victim’s quality of life.
Non-Bodily Harm
In addition to the physical damages outlined above, non-bodily harm can be involved. Non-bodily damages negatively impact the mental state of the victim. The responsible party can be charged with inflicting non-bodily harm if he or she
- Intentionally inflicts emotional distress on the victim
- Defames his character
- Invades his privacy
Grounds For Negligence
The majority of personal injuries serious enough to warrant a lawsuit rise from harmful incidents involving motor vehicles, falls in retail stores, or the use of defective products. No matter what the cause of the incident, the victim must prove the person or company responsible for it was acting negligently. For the purposes of a personal injury lawsuit, negligence is defined as a failure to use the degree of reasonable care that would be expected of anyone acting with ordinary prudence in similar circumstances. One example would be a hunter who carelessly aims his gun at someone who happens to cross his path
For an act to be considered negligent, four critical points that must be proved – duty, breach of duty, causation, and damage.
Duty
The person who is held responsible for the injury must have had a duty to the victim. This duty can arise from ownership of the vehicle or instrument that was involved; a relationship between the involved parties; or as required by law.
Breach of Duty
It must be proved that the responsible party breached this duty either by acting wrongfully or failing to act at all.
Causation
It must be shown that the breach of duty led to the injury. In other words, had the responsible party acted in keeping with his duty, the incident would not have occurred. What’s more, proof must be presented that the injury or damage was reasonably foreseeable at the time of the incident.
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Intentional Harm
Damages need not be accidental to qualify for a personal injury claim. A person may be accused of intentional harm if he purposely inflicts physical harm. Examples range from assault and battery to false imprisonment, to trespassing on private property
If you have experienced any of these types of personal injuries, you have the right to be compensated for your pain, suffering, and ongoing emotional damage.
