Negligence in a Personal Injury Case
A personal injury can be devastating both emotionally and financially. You may experience financial losses as you have to pay for any medical treatments you require to fully recover. You may also need to take time off work to heal properly. If you were in an auto accident, you might have to pay for repairs to get your vehicle back out on the road. When your injury is caused by the negligence of another party, you should know that they could be held legally liable for the losses that you experience as a result of their negligent actions.
The Law Office of Kyle W. Jones works with injury victims throughout the greater Bakersfield area. We will review the specific circumstances of your case and let you know if you should move forward with filing a claim against the responsible party.
What Does It Mean to Be Negligent?
In short, being negligent involves a person or entity who has acted in a careless or neglectful manner. These reckless actions then result in an injury to another person and/or their property. The negligent party should be held accountable.
How Do You Prove Negligence?
A lawsuit will need to demonstrate several key elements to prove that the other party indeed acted negligently. If you move ahead with a claim, you will need to show:
- The defendant failed to act in a reasonable manner.
- The defendant violated the duty of care principle.
- The plaintiff experienced harm as a result of the defendant’s negligence.
- A person acting reasonably could have avoided injuring the plaintiff.
The “duty of care” principle is extremely important to a personal injury case. Duty of care is a legal obligation everyone has to act reasonably in order to avoid injuring others. To be successful in your pursuit of compensation, you and your lawyer will need to demonstrate that the other party did not exercise their duty. When someone fails to meet their duty of care obligation, they could be deemed negligent according to the law, and they will have to provide monetary damages to the injured party.
Compensation in a Personal Injury Case
To get compensation for your case, you must not only prove that the other party failed to act in a reasonable manner, but you must also show that you were harmed due to their negligence. Typically, the amount of compensation that you can expect will depend on the severity of the injury and/or the extent of the property damage that was sustained. A personal injury case might include:
- Physical injury– Proof that you were injured in a discernable way
- Medical expenses– Includes all medical costs related to the injury, including rehabilitation
- Lost wages– Any income that you lost as you recovered from the incident in question
- Future lost income– May be relevant if you are now permanently physically disabled and unable to return to work in the same manner or frequency as before you were hurt
- Pain and suffering– Proof of ongoing pain and suffering as a result of your injury
There may be other elements that you could include in your personal injury claim. A personal injury lawsuit can become a very complicated matter as the actions of everyone involved must be examined meticulously to discern who is at fault. This is why it is best to work with an established legal professional to determine the merits of your case. The Law Office of Kyle W. Jones will work hard to obtain the maximum compensation that you may be legally entitled to receive for your injuries.
Common Types of Personal Injuries
According to the Center for Disease Control (CDC), more than 2 million people are injured every year in auto accidents. So, it’s probably no surprise that car accidents account for a large number of personal injury claims. There are also injuries related to workplace incidents, slip and falls, defective products, medical malpractice, and other types of accidents. These accidents can leave someone with injuries that cause life-long impairments, and millions of dollars are paid out to victims every single year. The most frequent injuries that victims report include:
- Back injuries
- Hand/wrist injuries
- Eye injuries
- Ear injuries
- Head and/or brain injuries
- Limb injuries
Negligence can also harm you in other ways, such as an event that was so traumatic that it caused you to develop severe emotional distress or even post-traumatic stress disorder (PTSD). Are you unsure if you could get compensation for your suffering? A personal injury lawyer can review your case and let you know if you have a basis for a claim.
How Can You Strengthen Your Case?
If you decide to pursue compensation from the party you believe to be responsible for your injury, there are several things that you can do on your own to help your case. You should:
- Gather any evidence, including doctor’s reports and police reports
- Get witness statements as well as contact information
- Take comprehensive pictures of your injuries and/or property damage
- Get copies of all medical examinations, test results, and bills associated with your injuries
- Speak with a lawyer immediately after your accident to protect your rights
When you have been injured, it is essential not to admit fault during any of your interactions with the other party or their insurance company. While it is always best to speak with a lawyer first, if you are asked to write a statement, you should provide objective details about the incident without giving away any information that might indicate fault on your part. Your lawyer will use these statements along with your other pieces of evidence to build the case for your claim.
Contact a Bakersfield Lawyer
If you have been harmed by another individual or entity, you should obtain legal representation as soon as possible to have the best chance at an optimal outcome. Contact the Law Office of Kyle W. Jones in Bakersfield for a case evaluation today. We will work hard to get you fair compensation for your injuries.