An Introduction To Personal Injury Litigation

Category: Personal Injury     Author: Georgina Tyburski     Posted: Wednesday - June 2, 2021

Personal Injury LawToday, we want to spend some time going over the fundamentals of personal injury lawsuits. Namely, what types of accidents or injuries fall under the umbrella of potential litigation, and how is evidence weighed in these cases?

First, let’s start with a broader definition. In simple terms, personal injury cases are those where a person has suffered harm from an injury or accident and where another person can potentially be held liable and legally responsible. If found liable, the accused could be required to cover the victim’s current and future ongoing expenses, provide compensation for loss of wages as well as pain and suffering, and more.

What Falls under Personal Injury?

Personal injury laws cover a wide spectrum of potential situations, injuries, and cases. Common personal injury cases involve injuries and accidents such as:

  • Car and motorcycle accidents

  • Slip and fall accidents

  • Medical mistakes caused by negligence

  • Other forms of medical malpractice

  • Product liability cases

  • Premises liability cases

  • Workplace accidents

  • Industrial disease cases and occupation-caused diseases (asthma, chronic bronchitis, other lung disorders, etc.)

  • Wrongful death 

Proving Liability during Personal Injury Litigation

Accidents and mishaps happen, so it’s important for the courts to accurately assess whether someone else is truly legally liable for another person’s injuries or accident. The primary basis for this centers on a theory of negligence. 

In order for an individual to be considered responsible for an accident or injury due to negligence, the following four elements are typically required:

  1. The accused had a duty to act or behave responsibly toward the plaintiff, or to maintain a particular standard of care

  2. The accused breached this duty

  3. This breach of duty directly led to the plaintiff’s accident or injury

  4. The accident or injury directly caused you to suffer monetary damages

Medical and Legal Experts Work Together to Uncover Key Facts

While attorneys and other legal professionals spearhead the legal proceedings, medical experts play an invaluable role during every step of the process. 

As legal nurse consultants, we offer our vast expertise in complicated medical contexts to help attorneys prepare. Our contributions are key in establishing the four elements required to prove liability, and work to back up arguments with essential medical information. 

In addition, legal nurse consultants can help paint a clear picture of the circumstances surrounding a given accident, whether it involves a slip and fall, exposure to workplace hazards, a careless driver on the road, and more. By establishing timelines, compiling medical reports, and illustrating cause-and-effect relationships, legal nurse consultants can work to establish the short-term and long-term medical consequences of the injury or accident.

Talk to a Legal Nurse Consultant

We hope this post provided you with a useful overview of how personal injury litigation works in the U. S., as well as how legal nurse consultants assist in these types of proceedings by outlining all the case details.

If you’d like to learn more about what we do, we invite you to reach out to us at Legal Nurse Consultants. Call us at 877.211.7562 to connect with a certified legal nurse consultant today.