Personal injury cases may result from an intentional act (e.g. defamation or reckless conduct) but most claims are based on a theory of negligence.
There are four elements that you need to prove to legally hold a party or parties liable for your injuries and damages dependent upon negligence. These are:
- The party had a duty to act reasonably according to the circumstances.
- The party breached the duty.
- The party’s breach of duty caused you to be harmed.
- You suffered monetary damages from the harm you suffered when the party breached its duty of care.
Your compensation claim amount for a personal injury will be dependent on the severity of your injury or harm caused. Serious injuries, such as severed limbs or brain damage, receive the highest amount of injury settlements because they cause intense physical pain and suffering not just to the victim but to the family members as well.
Motor vehicle accident
Millions of people are injured in motor vehicle accidents (some being fatal) on a yearly average. Find out more about criminal and motoring offences.
The negligence of medical practitioners such as doctors, nurses, hospitals, and other medical professionals are causing serious injuries. There are different types of medical malpractice including but not limited to:
- improper treatment;
- surgical errors;
- medication mistakes;
- pharmacy errors;
- birth injury (errors committed during the delivery of a child); and
- failure to diagnose cancer or other serious health conditions.
“Wrongful” death, as its name implies, is a type of lawsuit that may be brought when a person was killed due to others’ negligence. Most cases include but are not limited to:
- vehicular accidents;
- nursing home neglect;
- medical malpractice;
- construction accidents;
- aeroplane accidents; or
- use of a defective or dangerous product.
Employees are not allowed to bring a personal injury lawsuit against their employer if in case an employee is injured or killed while working for their employer. An employee, then, must institute a claim instead.
Premises liability are accidents caused by a dangerous or defective condition on someone’s property. These include incidents from commercial properties (such as grocery stores, restaurants, gas stations, malls and retail stores), a neighbour’s home, or a public or private swimming pool.
Dangerous and defective products are causes of serious injuries yearly. Such an incident can happen in homes, public places, and at work. Some of these injuries are generally caused by improper warnings and operation manuals. Examples of harmful products include but are not limited to:
- dangerous drugs, food, consumer products, and children’s’ products;
- defective vehicle parts and medical devices; and
- toxic materials and chemicals.