Personal Injury

Personal Injury

Personal injury refers to an injury to one’s body, mind or emotions as opposed to their property. Tort law is the body of rights, obligations and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person, governmental agency or other entity that is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor.

Three distinct elements must be proved in every personal injury case. First, the plaintiff must show that the defendant was under a legal duty to act in a particular fashion. Second, the plaintiff must prove that the defendant breached its duty by failing to act in conformity with the accepted standard of conduct. And third, the plaintiff must demonstrate damages were sustained as a result of the defendant’s breach. If a plaintiff can establish all three elements, our system of justice entitles the injured party to damages.

Examples of typical personal injury claims:

  • Automobile accidents
  • Motorcycle accidents
  • Truck accidents
  • Pedestrian accidents
  • Slip/trip and falls
  • Construction accidents
  • Medical malpractice
  • Toxic torts
  • Product liability cases

Personal injury claims are typically prosecuted on a contingent fee basis. Simply stated, unless an injured party wins, there is no charge whatsoever to the plaintiff.