The Basis of a Personal Injury Claim

A personal injury claim may arise when a person suffers harm from an injury or accident due to another person's actions. This injury doesn't necessarily have to be bodily; it can also be emotional or mental. Also, it may not manifest immediately; it can be something that develops over time.

https://www.georgelislaw.com/practice-areas/personal-injury/
To make a personal injury claim, you must prove that the defendant acted or failed to act in a certain way. If you get hit by someone after you beat a red light, you can't make claims against that person. A court can only award compensation on a specific basis.

On What Basis Can I Make Claims for Personal Injury? Negligence A claim resulting from negligence means the other person is liable even though his act wasn't deliberate. If someone breaches a duty of care that they owe you, leading to an injury, you can make claims based on negligent behavior.

For instance, anyone who's driving must exercise care towards others. They are to drive within specified speed limits and observe road regulations. If a driver breaches that duty of care, even though they didn't intend any harm, it can lead to injury. Many medical malpractices, leading to personal injury, are a result of negligence.

It's usually a failure to act when a reasonable person should have performed. To make claims on someone who didn't intend to harm you, you'll need to prove that they owe you a duty of care. Enlisting a personal injury lawyer Lancaster PA, will help you to file a claim rightly.

Intentional Misconduct These are civil claims that arise when a person deliberately causes an injury. They're usually a result of malice or intent to cause harm. Intentional misconduct includes the following:

Battery: If someone intentionally hits you either out of anger or as a joke.

False Imprisonment: If a store detective or anyone forcibly and wrongfully detains you, leading to emotional distress.

Assault: Other forms of assault besides battery can arise when someone places you in fear of harm or makes a threat to hurt you.

Strict Liability Strict liability holds manufacturers liable for injuries resulting from defective products. You can make claims if you can prove that a manufacturer's product is dangerous and caused your injury.

Conclusion Filing a personal injury claim must be based on negligence, intentional misconduct, and strict liability. If someone's actions led to your injury, you'd need legal help. Georgelis Injury Law Firm is a personal injury attorney Lancaster PA, that can help you with your claim.

Comments

Popular posts from this blog

Easy Ways to Get in Contact with Georgelis Injury Law Firm

Common Mistakes Personal Injury Clients Make

How to Hire Your First Lawyer