Personal Injury Lawyer
You, unfortunately, have suffered an accident and as a result, you got hurt. You can’t go back to work just yet, and so you’ve missed a couple of paychecks with more zeros to come. With doctor visits not ending anytime soon, the bills are starting to get overwhelming. Maybe you have spoken to someone about the possibility of compensation, but without being able to prove negligence, do you have a shot at winning? Luckily for you, there is more to bringing and establishing a personal injury suit than just negligence.
The typical way you prove your personal injury claim is by showing the guilty party acted in a way that demonstrates a disregard for others. Every individual is charged with a duty of care to behave reasonably to keep others safe. If a breach of that duty occurs, someone can get hurt. When one suffers damages by another’s carelessness, the four pillars of negligence have been proven. What if you cannot prove negligence? There are two other ways you can get a ruling in your favor in a personal injury lawsuit.
If you were hurt as the result of a specific product, you might not have the ability to prove the manufacturer was negligent. In the case of a defective item, a lawsuit may be filed under the notion of strict liability. Instead of proving that the manufacturer acted irresponsibly when producing the product, ergo negligent, you need only show there was a flaw in the manufacturing process which made it more possible that the item was defective or might malfunction. Therefore, if you can somehow demonstrate that the method through which the product was made caused it to injure you, you can establish liability.
Intentional Acts of Liability
While rare, there are some scenarios under which you can claim a personal injury occurred on purpose. An intentional wrong is an act that a person caused on purpose even if the result was not to hurt you. Some examples of this include:
- Police detention that causes injury
- A prank or practical joke
- A fight
If you wind up being the victim of an assault where the person who hurt you is arrested, the place for a personal injury lawsuit is not the criminal court. That is where the alleged perpetrator will be tried for the action. However, you may be able to file a civil lawsuit against the individual for financial damages.
Getting injured as the result of someone else’s actions is grounds for a lawsuit. Speak with a personal injury lawyer and get the help you need to get your bills and life under control.
Source: Personal Injury Lawyer Fort Lauderdale, Florida, Needle & Ellenberg, P.A.