Automobile collisions, slips, dog bites and workplace accidents all share one thing in common; the injured often suffers damage beyond that of physical injury. Medical bills can quickly add up and the burden of lost wages can lead to a host of other financial difficulties.
The question becomes when is there justification to pursue a personal injury lawsuit?
Clearly not all injuries warrant litigation, but there are circumstances when an injured party should seek damages. In every case, the plaintiff’s attorney must do two main things; first, there must be proof that the defendant bears legal responsibility for the injury, and second, the damages sought must accurately reflect the plaintiff’s injuries and loss, such as lost wages or financial burden directly related to the injury. Additionally, pain and suffering are taken into account in determining awards.
Whether or not a lawsuit is warranted depends on the cause of injury. Personal injury cases fall under three categories, or causes: negligence (or tort), intentional wrong and strict liability.
Negligence is the most common type of personal injury lawsuit. Examples of negligence include a collision resulting from the failure to stop at a stoplight; these types of injuries can be defined as the result of civil disorder. An individual’s failures to follow rules or guidelines that are in place to protect society are pursued as negligence cases.
Intentional wrong is a bit more difficult to prove. The intentional act of injuring someone, rather than accidental cause, is a very serious act. The burden of proof rests with the plaintiff, but if you are a victim of sabotage or any other form of malicious injury, you likely have a strong personal injury case.
The last type of personal injury case is strict liability. Businesses and organizations are required to carry insurance for their products and services. Goodyear tires faced strict liability suits when their tires were not up to specification. Similarly, an apartment complex with faulty stairways or unlit passageways can be subject to strict liability lawsuits if residents are injured.
In an effort to alleviate frivolous lawsuits, each state has a statute of limitations. New Hampshire’s statute of limitations is three years; in other words, anyone who has sustained an injury and seeks to file a lawsuit must do so within three years. Once the statute of limitations has expired, no damages may be sought. Each state has a different statute, some with a limit as little as 30 days, so you must be aware of your individual circumstances.
If you believe your injuries are the result of negligence, intentional wrong or strict liability, it is in your best interest to schedule a consultation with a reputable personal injury attorney. Your attorney will first need to review the details of the case and will then determine if you have a valid claim and legal standing due to sustained injuries. If you are unsure, it is always in your best interest to seek competent legal advice.
Personal Injury Attorney Ryan Russman is a tireless defender of individuals who have suffered an injury in New Hampshire, including
motorcycle accidents. If you are seeking a
Portsmouth, NH Personal Injury Attorney or an
Exeter, NH Personal Injury Attorney, contact Russman Law Offices for a free consultation.
