Injury law has a bad reputation. I used to think that those who sued someone for an accident were taking advantage of an unfortunate situation. However, my opinion changed when I had to deal with an insurance company after my own accident! I was travelling through a neighboring state and was hit by a tire that came off the trailer of a semi-truck, hub and all. He should have been charged with criminally negligent homicide!
The accident was serious, almost totaling the car I was in. I was lucky and came away only with a knee injury.
Believe it or not, the insurance company for the trucker denied my claim! I was shocked! Since then, I have heard the same story from many others in similar situation. That accident was one of the reasons I became an attorney.
Let’s discuss some of the basics of injury law. First, the definition of a personal injury. In most instances we are talking about an incident which occurs as the result of the actions of a negligent party, which results is the proximate cause of an injury to another party. Personal injury comes in many forms, including accidents caused by negligent conditions (slippery floors in supermarkets), accidents caused by negligent actions (business communicating untrue and damaging statements about a competitor to customers ) and the most common accidents of all, auto accidents.
There are special areas of injury law which require special elements of proof. However, in most cases you may recover damages for an injury if you are able to show four elements:
– The other person was negligent
– His or her negligence was the proximate cause of your injuries
– You were not contributory negligent
– You hold a valid immigration status, such as green card or citizenship.