If you or someone your love is a recent victim of a personal injury, your next step is to contact a licensed personal injury lawyer to discuss your case and learn the best course of action for making a claim for compensation. In the meantime, it helps to familiarize yourself with some of the most basic terms and definitions regarding personal injury claims.

Continue reading to review a brief description of some fundamental personal injury terms and principles.

Personal Injury

A personal injury is any type of harm or damage incurred by a victim, either physically, mentally, or emotionally, as a result of another person or entity’s negligence. Personal injuries take place when another person or entity (i.e. people, businesses, corporations, enterprises, companies, organizations,workplaces, etc.) demonstrates carelessness or negligence in a situation that subsequently causes injury or damage to another person. An important fact to remember is that a personal injury happens to an actual individual, as opposed to property or commodities.

Negligence

Every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses. Most personal injury and accident disputes are adjudicated by using the principle of negligence to determine fault. But the victim holds the burden of proving that a defendant acted in a negligent or careless way. In order for a victim to recover compensation for their losses following a serious accident, they must be able to prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Contributory negligence is the legal concept that refers to the situation in which an injured person is a contributing factor to their injuries. This is common in motor vehicle accidents and slip and fall accidents. In contrast, comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent.

Tort

A tort is a civil wrong-doing. It is an action, either purposeful or unintentional, that causes injury or harm to another person. The word “tort” actually means “to harm, twist, or wrong” in Latin. Damages resulting from such civil wrong-doings are remedied by tort laws, generally by awarding compensation. Rather than being prosecuted by state or national governments, civil lawsuits are generally pursued by the plaintiffs or victims themselves, privately. See our article, “Common Examples of Intentional Torts” to learn more about intentional and non-intentional torts.

When a tort or accident is negligent rather than deliberate, it is neither intended nor expected. This is the principle difference between negligent and intentional torts. There are several types of negligent torts.The most common include drunk driving or motor vehicle accidents, slip and fall accidents, child injuries, dog bites, pedestrian accidents, and more. Although these accidents happen without deliberate intent, the person responsible for causing injury to another is the party that is held accountable in a court of law. Unlike negligent torts, intentional torts can lead to imprisonment and jail time.

Duty of Care

Establishing a party’s duty of care is the primary step in a personal injury case. Negligence can be defined in many ways, but there are two fundamental factors that makes the basic concept most evident. These two factors are “duty of care” and “breaching” that duty. Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental.

A personal injury lawyer will work to prove that the opposing party had a responsibility and failed to uphold that responsibility,causing another person to get injured or killed. They want to show the court or judge that a defendant breached their personal duty of care, which led to an innocent person getting seriously hurt. If these two concepts can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages.

Indiana Personal Injury Lawyers Who Can Help

Call The Law Office of Craven, Hoover, and Blazek P.C. at317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim.We are eager to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

❶ Duty of Care

The first aspect of proving negligence is to establish whether or not the defendant owed the victim a legal duty of care in any way. This could be between employer and employee, child and sitter, doctor and patient, school and student, and much more. For instance, an employer has a legal duty of care to provide employees with a clean and safe work environment, while a doctor has a legal duty of care to provide competent medical care for patients. In other examples, a nursing home has a legal duty of care to look after their residents, while drivers have a legal duty of care to drive safely when behind the wheel of a vehicle.

❷Breach of Duty

Once it is recognized that the defendant owed the plaintiff a duty of care, the plaintiff must prove that the defendant breached that duty. A defendant can breach their duty of care by either action or inaction. If a person does something, or fails to do something, that a reasonable person under the same circumstances would do, and it causes harm to another, they are acting negligently. For example, if a person is late for work and runs a red light to save time, and in running the red light they strike another vehicle and injure the driver, they will be found negligent in a court of law. In an example of inaction, if an employer fails to keep their premises up to code, and as a result their employees suffer from severe respiratory illnesses from mold inhalation, they can be found negligent.

❸Causation

It is not enough for a victim to prove that a defendant breached their duty of care. Plaintiffs in personal injury lawsuits must also prove that the defendant’s action (or inaction) was the direct cause of their injuries. But there is another aspect to causation. Courts will also assess and determine whether or not the defendant could have reasonably foreseen that their actions would or could injure someone. Accidentally causing someone harm through a random, unforeseen act of nature might not be looked at as negligent. However, if it is found that a defendant should have known that their actions or inactions would or could cause injury, then they can be found negligent in a personal injury case.

❹Damages and Losses

After proving all of the above elements of negligence, a victim must then prove their subsequent damages and losses. Word of mouth will not hold up in a court of law, so a victim must have proof and evidence of their damages and losses. Damages and losses can include medical expenses, hospital bills, lost wages, prolonged treatment, pain and suffering, mental anguish, permanent disfigurement or scarring, loss of companionship, loss of job opportunity, and much more. These losses can be proven with medical records, doctors’ statements, receipts, bills, witness testimony, and more.

Craven, Hoover, & Blazek P.C.

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Basic Personal Injury Definitions You Need to Know for Your Claim