Three important Conditions That You Will Need the Help of a Personal Injury Lawyer
The work of the personal injury lawyers touches on representing clients who consider themselves to have been injured either physically or psychologically owing to the negligence of another part. Parties that can be sued in personal injury cases include the government, individuals, and companies. For any case to be regarded as a personal injury, it must meet the following criteria.
First, it has to be satisfactorily established that the plaintiff suffered personal injuries as opposed to just the loss or damage of their property. Personal injuries can affect your physical body or your mind. Cases that could prove that you suffered a personal injury may include bone fractures occasioned by an accident caused by a careless driver, wounds that you incurred from falling in a building or from a building that doesn’t have sufficient safety measures in place and lack of sleep following the trauma of being involved in a car accident. If conditions as these face you, then you have satisfied the first condition that is necessary for filing a suit related to personal injury.
The other condition that you should satisfy is whether the defendant caused you the injury as a result of their negligence. Negligence can be legally defined as the lack of action as is demanded of you in a given circumstance. The negligence of the defendant should be judged by the one condition that they failed in their duty of ensuring that you don’t receive the kind of injury you received.
Assuming you worked for a company that has a tall building and they fail to install fall protection structures like rails, should you fall from the building, then the company you work for will be liable for acting negligently. A scenario such as this which clears puts the blame on the company grants you the right to press charges against the company since the second premise of the personal injury is satisfied.
The other premise that must be satisfied is whether there are recoverable damages following your injury. The compensation is usually given by the defendant if they are found to have failed in their duty by acting with negligence. This requirement of the personal injury law seeks to establish that indeed the injury made you incur some loses.
If you fell from the companies building and thus had to be hospitalized and be off duty for one year, you probably incurred losses in hospital bills and you lost your income for the said year. Your company, in this case, is required to reimburse you for not being to work during the time you were hospitalized as well as paying damages to counter the loses you incurred in paying the hospital bills. This is the fulfillment of the third condition of the personal injury law.