What is a Personal Injury Claim?
by
Theodore A Spaulding on Oct. 10, 2014
Accident & Injury Accident & Injury Car Accident Accident & Injury Slip & Fall Accident
Summary: Almost everyone has heard of a personal injury claim, though many people may not fully understand just what a claim is or how it may arise.
Almost everyone has heard of a personal injury claim, though many people may not fully understand just what a claim is or how it may arise. Such a claim is, simply put, a lawsuit filing in court arising from an incidence of personal injury caused by a negligent or intentional act. “Personal injury” refers to any injury to a person’s mind or body, as opposed to injury to a person’s property.
Negligence in a Personal Injury Claims
In order for a party to recover for personal injury they experienced, they must sufficiently show that the defendant’s act that caused their injury was either intentional or negligent. A showing of negligence requires the proving each of the following elements:
- The defendant had a certain duty of care in the situation;
- The defendant breached that duty;
- The breach was the cause of the personal injury;
- The plaintiff suffered actual damages due to the personal injury.
To illustrate these elements, let us examine one of the most common personal injury claims, which arises out of an auto accident. To recover for auto accident injuries, you must demonstrate that the other driver had the duty to drive in a reasonably safe manner, that the driver failed to do so, that the failure was the reason for the accident, and that you incurred medical costs or other losses due to your accident-related injuries. An Atlanta personal injury attorney from the office of Boling Rice, LLC can help you sufficiently prove every element of your case. Under Georgia law, however, you only have a limited amount of time to file a claim, so you should not delay calling an attorney.
Other Incidents that may lead to PI Cases
Though auto accident claims are likely the most common type of personal injury case, many other incidents may lead to PI claims. Such incidents include the following:
- Bicycle accidents
- Pedestrian accidents
- Commercial truck accidents
- Workplace accidents
- Sports injuries
- Dog bites
- Drowning accidents
- Slip and fall accidents
- Falls from heights
- Defective products
- Dangerous premises
- Medical malpractice
- Birth injuries
- Assaults or other violent acts
If you have been the victims of any of the above types of incidents and suffered any type of personal injury, you likely deserve to receive full compensation for our injury-related losses from the responsible party.
Boling Rice, LLC
750 Hammond Dr #300
Atlanta, Georgia 30328
Phone: (770) 744-0890