What is Personal Injury, and How Can You Prove Negligence?

A personal injury case is a legal case in which one person or their property suffers harm due to the acts or negligence of another. Personal Injury law, also known as Tort law, is designed to protect people in such situations. It allows an injured person to file a civil lawsuit to get legal remedy for their losses. 

If you think you are a victim of personal injury, hire a Tacoma personal injury lawyer to get assistance in getting compensation. 

  • Accidents 

Personal injury rules are applicable where someone acts recklessly or carelessly, and that negligence causes harm to another person. 

  • Intentional Acts 

Personal injury rules apply when a person’s intentional acts or conduct causes harm to another. 

  • Defective Products 

In a situation where vehicle parts, medical products, pharmaceutical products, etc., are defective and dangerous, anybody harmed by the products may be able to file a personal liability lawsuit against the manufacturer. 

  • Defamation 

Personal injury rules may apply when the defendant’s defamatory statements have caused harm to another. 

How does a personal injury case work? 

Personal injury cases may differ from person to person, but here are the standard steps that most personal injury cases take: 

  • Plaintiff is injured by something that Defendant has done: This can be almost any act or negligence by the defendant that causes harm to the plaintiff. 
  • Legal Duty was breached: The specific legal duty depends from case to case. However, most personal injury claims are brought based on negligence. 
  • Settlement talks: The settlement either occurs outside of court, or the plaintiff may go to court and file a personal injury lawsuit over the matter. 

How to prove negligence in a personal injury case? 

Most personal injury lawsuits are built on the premise of negligence, though this is not always the case. Negligence is a legal theory that must be proved before you can hold the person or company responsible for the harm suffered by you. Proving negligence is required in most claims. To prove negligence, you must prove four things in court: 

  • Duty 

To prove negligence, you must prove that the opposite party owed a legal duty to the victim.

  • Breach of Duty 

The personal injury lawyer must also prove that the at fault party breached their legal duty, such as they failed to be responsible or ignored their responsibilities. 

  • Damages 

The final element requires the lawyer to show that the victim was hurt or injured due to the defendant’s actions. 

  • Causation 

The plaintiff must show that the defendant’s actions, or inaction, actually caused the plaintiff’s injury. 

By Carol Cooperman