When you have been involved in an accident, the experience can be stressful, overwhelming and scary. Perhaps you are frightened that you will never be able to return to work. Maybe you have no idea where to begin in filing a lawsuit, let alone which parties to include in the lawsuit. A personal injury attorney can help you initiate a lawsuit against all parties that are responsible for causing injury to you.
Some of these parties may be involved in an indirect fashion, such as the owner of a property. The personal injury attorney’s task is to analyze all potential parties that could be included in your case in order to maximize the total amount of damages that you can receive.
Understanding the Legal Elements of a Negligence Claim
The American Bar Association provides a helpful guide for those who wish to learn more about personal injury claims, negligence, medical malpractice and products liability. For example, you can learn about the other types of personal injury claims that exist in addition to negligence. If someone has intentionally harmed you, then you may be able to file an intentional tort claim against the person.
Intentional tort claims include battery, assault, false imprisonment or intentional infliction of emotional distress. You may also have a strict liability claim against an individual or entity. Products liability is one example of a strict liability claim that you can file against a defendant for his or her wrongful act.
How to Prove Someone Was Negligent
To prove a negligence claim, you will have to show that a duty exists. You will have to show that the duty was breached in some manner, and the defendant caused harm to you. You will have to prove that the cause was both the proximate and legal cause of your harm. Lastly, you will need to show that you have suffered some type of measurable damages as a result of the defendant’s behavior. You will likely need a Portland personal injury law firm or one from your particular area to represent you for the best chance at recouping your losses.
Fact-Gathering to Prove Your Case
In addition to outlining the legal elements of your case, it will be vital to gather facts to prove your case. This fact-gathering stage may entail the interviewing of witnesses and subpoena of information, such as texts being sent from a phone at the time in which a car accident was caused by a distracted driver.
Personal injury attorneys are able to use their knowledge of the law to stand up for your legal rights. When you have been injured, it is important that you work with an attorney who can support your case.