One of the questions that a personal injury attorney frequently hears is "Do I have a personal injury case?" Personal injury claims can encompass a wide range of accidents and injuries. In order for the courts to recognize that you have a valid case, you must be able to show that four legal elements are met. Many times, proving these four elements can be difficult for a lay person, but our experienced Ohio personal injury attorneys at Chester Law Group know exactly what to look for.
There are three categories of personal injury cases and in each of the cases; there are four elements that must be met. Below, you will find information regarding these three categories, the four elements of a personal injury case, and a list of the most common types of personal injury. You will also find information about finding a law firm which will best represent you and your family in a claim or lawsuit. While there may not be a best personal injury lawyer in Ohio, you can definitely find an attorney that is best for you.
The Three Categories of Personal Injury Cases
A personal injury case is a type of tort law. By definition, a tort law is a body of law that provides remedies for civil wrongs that are not due to contractual obligations. Tort law is used for those who have suffered legal damages as a means to receive compensation from someone who is liable or legally responsible for those injuries. The laws governing personal injury cases can be quite complex, so it's important that your attorney is knowledgeable and experienced.
The three categories of personal injury cases that your personal injury attorney might represent you in are:
- Negligence: Another party carelessly caused an accident that caused injury.
- Intentional Tort: Another party purposely inflicted injury.
- Strict Liability: A party or entity manufactured, marketed, or sold a defective product that caused injury.
The most common example of a personal injury case based upon the negligence category is an automobile accident. For an intentional tort, an assault and battery is a good example. A defective product that caused you harm is an example of a personal injury case based upon strict liability. It is quite easy to see why having an experienced law firm is so important. You must make sure your rights as an injured party are protected.
The Four Elements of Personal Injury Cases
These four elements must all be met in order to have a valid personal injury case. If even one of these elements is missing, then the court will not consider you for the recovery of damages. A personal injury attorney will determine if these four elements are present and advise you on how to proceed. Here are the four basic elements:
- Duty: There is a duty to exercise reasonable care.
- Breach: This duty was breached.
- Causation: The other party's carelessness caused your injuries.
- Damages: You must be injured.
While these seem simple enough, it usually requires an experienced personal injury attorney to prove each of these elements. There are other considerations as well, such as the statute of limitations, or the amount of time you have to file a lawsuit. This is two years from the time of the accident. This time may be longer for children, and can also depend on whether you are suing a third party or your own insurance company. This is another reason why it is important to contact the attorneys at Chester Law Group as soon as you can after an accident or injury that someone else caused.
The Most Common Types of Personal Injury Cases
The most common types of personal injury cases are injuries sustained in an automobile accident. Having experienced legal representation is very important as the insurance companies will be quick to have you settle for much less than you might deserve. They will likely try to get to sign a release stating that you no longer need any future medical care. The insurance companies will also likely try to get you to admit fault. At Chester Law Group, we are ready to deal with the insurance companies so you can worry about healing from your injuries.
Other types of personal injury cases include:
- Slip and Falls
- Defective Products
- Prescription Drugs
- Workplace Injuries
At Chester Law Group, you can speak with our attorneys who are experienced in your type of personal injury case. Our personal injury attorneys have access to tools and resources that may be needed to help get you the full and fair compensation you and your family deserve. You must ensure that your rights as an injured party are protected so call us at 800-218-4243.