What are the Basic Principles of Personal Injury?

When individuals suffer harm due to the negligence of another, personal injury law serves as the cornerstone of justice. Personal injury law deals with cases such as car accidents, slip and falls, worker’s compensation, and premises liability, and each one has their own unique challenges. To navigate the legal system and have a chance at recovering compensation, it is important understand the fundamental principles of personal injury law and how it works for your case. Let’s take a closer look at the intricacies of personal injury law and shed some light on incidents such as car crashes and premises liability claims.

working with insurance adjusters

Negligence: The Pillar of Personal Injury Law

Negligence must be a factor for personal injury cases when an attorney considers whether or not a potential client has a case. Negligence must be present and occurs when an individual or company does not exercise a reasonable duty of care, which results in causing harm to the individual. An attorney uses the following criteria to determine if a client has a solid personal injury claim:

  1. Duty of Care: The defendant owed a legal obligation to uphold a standard of care towards the plaintiff. 
  2. Breach of Duty: The defendant breached this duty through their actions or failure to act in a manner consistent with the expected standard of care. 
  3. Causation: The defendant’s breach of duty directly contributed to the plaintiff’s injuries. 
  4. Damages: The plaintiff suffered measurable harm, whether physical, emotional, or financial, as a result of the defendant’s actions.

The Doctrine of Comparative Negligence

It’s actually quite difficult to assign fault to many personal injury cases. Comparative negligence principles come into play here to successfully assign fault to each party based on their degree of fault in the accident. Under comparative negligence, the compensation awarded to the plaintiff may be reduced proportionally to their level of contributory fault. Understanding how comparative negligence operates is critical for both plaintiffs and defendants, as it directly impacts the outcome of the case and the amount of compensation awarded.

Navigating Statutes of Limitations

The statute of limitations for Missouri personal injury claims is often five years from the date of the accident. These deadlines must be met, as failure to do so could result in receiving no compensation for your case, leaving you to foot the bill for the expenses. It is important to note that the statute of limitations varies depending on jurisdiction, so it’s important to be familiar with the statutes in your area.

The Obligations of Property Owners: Premises Liability

When it comes to premises liability, property owners owe anyone who enters their premises a duty of care to ensure it is safe and free from harm. To keep visitors safe, property owners should conduct regular inspections of the property, address any potential dangers, and warm visitors of the potential dangers. In premises liability cases, it is crucial to determine whether or not the property owner addressed any issues when it comes to deciding whether or not to award compensation for the injured party.

Unraveling the Complexities of Insurance Coverage

When it comes to the basic principles of personal injury law, insurance coverage is among the most difficult to understand for many clients. It is important to be familiar with different types of coverages, such as liability insurance and uninsured/underinsured motorist coverage, as these help your attorney manage your claim effectively.  

The Spectrum of Damages: Seeking Just Compensation

When it comes to personal injury litigation, damages are a tool used to right the wrong done to the injured party. These damages can include:

  1. Medical Expenses: Compensation for past and future medical bills incurred as a result of the injury. 
  2. Lost Wages: Reimbursement for income lost due to the injury, encompassing both past and future earnings. 
  3. Pain and Suffering: Compensation for physical discomfort, emotional distress, and diminishment of life’s enjoyments stemming from the injury. 
  4. Punitive Damages: Additional compensation awarded in cases involving egregious conduct, aimed at punishing the defendant and deterring similar misconduct in the future.

Injured? Get in Touch With Mutrux Firm Today!

Personal injury law is perhaps one of the most complex areas of law to understand, as there are many different things that contribute to whether or not a potential client has a case. Don’t try and sort through the weeds on your own, get in touch with an experienced and dedicated attorney to help you get the compensation you deserve.

If you’ve been injured due to the negligence of another party, get in touch with Mutrux Firm Injury Lawyers today! Our team of dedicated attorneys are ready and able to take your case, and get you the compensation needed to cover your expenses. Give us a call at (888) 550-4026, or contact us here for more information!

Tyson Mutrux