Justia Legal Resources: Personal Injury Law Center

A serious accident can cause physical, emotional, and financial harm. The law allows a victim to get compensation from someone who was at fault. Justia provides a Personal Injury Law Center that describes the basics of this process.

Approximate Read Time: 4 Minutes

Unexpected injuries can happen at any time and place: at home, at work, on the road, on someone else’s property, or even during a medical procedure. Many of these events could have been foreseen and avoided. When a victim suffers preventable harm, they usually can bring a claim or lawsuit for compensation. This process is not always as straightforward as it sounds, though. As they cope with the aftermath of an accident, victims and their families may want to understand the legal concepts involved. The Personal Injury Law Center provided by Justia outlines this area of the law. Here are some common questions to which it offers basic answers.

What Do You Need To Prove in a Typical Personal Injury Case?

Most personal injury cases involve a negligence claim. This means that a plaintiff will need to prove four main elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation, and damages. In most cases, the duty of care is what a reasonable person would have done in a similar situation to avoid posing foreseeable risks to others. However, professionals like healthcare providers usually must meet a standard specific to their profession.

What Kinds of Damages Can You Get for Your Injuries?

A victim generally can get compensatory damages, which consist of economic damages and non-economic damages. Examples of economic damages, which are relatively tangible, may include medical bills, lost income, costs of future treatment, and property damage. Non-economic damages involve the pain and suffering, lost enjoyment of life, and other subjective forms of harm that the victim endured. In rare cases, a plaintiff also may recover punitive damages, which are meant to punish a defendant who engaged in serious wrongdoing and deter others from acting similarly.

What Happens if You Were Partly at Fault for Your Injuries?

Most states take one of three approaches when a victim partly caused their own injuries. In certain states, a victim may recover damages reduced by their degree of fault, regardless of how much they were at fault. Another group of states allows a victim to recover damages only if their fault did not reach a certain threshold. (This is usually set at 50 or 51 percent.) A few states use a contributory negligence model, which prevents a victim from recovering damages if they bore any fault for their injuries. Justia provides a 50-state survey that explains the approach of each state.

When Can You Sue the Employer of a Person Who Injured You?

You can usually sue the employer of a person who injured you if their negligent actions occurred in the course and scope of their employment. It does not matter whether the employer acted negligently. (An accident victim also may have claims against the employer under theories of direct liability, such as negligent hiring or supervision.) An employer is generally not vicariously liable for intentional wrongdoing by an employee, although there may be some exceptions.

Can You Sue Anyone if You Were Injured at Work?

Workers’ compensation is usually the sole remedy of an injured employee against their employer, a supervisor, or a coworker. However, they may be able to bring a personal injury claim against a third party that contributed to the accident. This might include a careless driver or a manufacturer of a defective product, among other examples. Bringing a third-party lawsuit can help a worker recover certain types of damages that are not available through workers’ compensation.

Can You Sue Someone for Spreading Rumors About You?

You may be able to bring a defamation claim if someone harmed your reputation. Written forms of defamation are often called “libel,” while oral statements are often called “slander.” A plaintiff would need to prove that the defendant published the statement, which means that they somehow shared it with another person. The statement must be false and must have caused actual harm beyond hurt feelings. Exceptions called privileges may shield defendants from liability in certain situations. Public officials face more significant hurdles in proving defamation.

Is It Worth Suing Someone for Battery if They Were Not Convicted?

Acts charged as crimes, such as assault and battery, also may result in personal injury lawsuits. A plaintiff bringing a civil claim based on an intentional tort still may prevail even if the defendant was not convicted of a crime. A prosecutor must prove a criminal charge beyond a reasonable doubt. In contrast, a plaintiff can establish liability in a civil case by meeting a “preponderance of the evidence” standard, which essentially means “more likely than not.”

Can You Sue the Parent of a Child Who Injured You?

States have enacted parental responsibility laws, which tend to hold a parent liable if their child injures someone through intentional actions. Some of these statutes impose parental liability for negligence by a child, but this is less common. Nuanced procedural rules may apply. Justia provides a 50-state survey on parental responsibility laws so that someone considering a claim can better understand the legal landscape. (In a narrower range of situations, a victim may have a claim against a parent under the “common law,” which consists of doctrines developed by courts rather than statutes passed by the legislature.)

Can You Sue the Bar That Served a Drunk Driver Who Hit You?

Dram shop laws in most states outline certain situations in which a bar may be liable for a drunk driving accident caused by someone whom the bar served. For example, many laws put these establishments on the hook for serving someone who was underage or visibly intoxicated. In some cases, social hosts also may be liable for serving alcohol to their guests, although different rules may apply to these settings. Justia provides a 50-state survey discussing dram shop laws and some related statutes and cases.

When Is a Dog Owner Liable for a Dog Bite?

Many states have imposed statutory strict liability for dog bites. This means that a dog owner is liable for an incident that falls within the scope of the statute, regardless of whether they took reasonable care or had any idea that the dog might bite. Other states apply the traditional “one-bite rule,” which holds a defendant liable if they should have known that the dog had a dangerous propensity. A more general negligence claim also may be available if the victim can show that the owner did not use reasonable care in controlling the dog. Justia provides a 50-state survey on dog bite lawsuits that explains many of the complexities in this area.

Final Thoughts

If you have been injured in any sort of incident for which someone else was at fault, you should consider contacting a personal injury lawyer for guidance tailored to your situation. These attorneys generally take their cases on a contingency fee basis, which means that they collect their fee as a percentage of a settlement or judgment. In the meantime, the Personal Injury Law Center at Justia provides a readable overview of issues that tend to arise in this area. Like the other Justia Legal Guides, it furthers our mission of making the law free and accessible to all.

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