Lexington Personal Injury Lawyer
If you were injured at the hands of another person or party, you may not know what steps to take. Fortunately, with the help of an experienced attorney, you may be able to file a personal injury lawsuit. If your lawsuit is successful, you may be able to get compensation for your medical bills, pain and suffering, lost wages, damaged property, and everyday living expenses.
When you are subjected to injury by another person, they can be held liable if they engaged in negligent or reckless behavior. Others have an obligation to ensure your safety to some degree, and if they do not, they can be held liable.
Call a Lexington personal injury lawyer today for more information.
How Does the Law Define Negligence?
Personal injury cases are governed by the concept of negligence. Negligence occurs when a person behaves in a careless or reckless manner and their actions cause injury to another person. To prove a party was negligent, a personal injury attorney in Lexington will need to prove they owed a duty of care to another person. In other words, it was their job to ensure the safety of someone else to some degree.
They must also show a direct connection between the failure to fulfill the duty of care and the injury suffered by the victim. Finally, they must prove the plaintiff suffered a personal or financial loss as the result of their injury. If they can establish the previously mentioned elements, they may be successful in filing suit.
When seeking to determine if a person was negligent, the court will want to know what a reasonable person in the same situation would have done. For example, a reasonable driver does not drive while intoxicated or under the influence of drugs. If the court was hearing a case involving a drunk driver, they would compare the actions of the drunk driver to the actions of a reasonable driver.
When Can a Person File a Personal Injury Lawsuit?
Personal injury lawsuits can be filed in a variety of situations. Some of the most common personal injury lawsuits involve:
- Car accidents
- Medical malpractice
- Premises liability
- Dangerous products and drugs
In short, any situation in which a person is injured by another person can result in a personal injury lawsuit.
Pecuniary vs. Punitive Damages
In a personal injury case, a court may decide to award one of two different types of damages. The first type, pecuniary damages, can be easily calculated by the court. Pecuniary damages are awarded in an effort to reimburse the plaintiff for any accident-related costs they have incurred. Most plaintiffs use pecuniary damages to cover their living and medical expenses, and in general, plaintiffs with more severe injuries and higher medical costs will be awarded the most money. However, pecuniary damages do not take pain and suffering into account.
On the other hand, punitive damages do take the pain and suffering of a plaintiff into consideration. Unlike pecuniary damages, punitive damages are primarily awarded to punish the defendant and prevent them from engaging in the same actions in the future. Punitive damages are often awarded in cases involving gross negligence.
Schedule a Consultation with a Lexington Personal Injury Lawyer
If you have been injured by someone else, you may be feeling angry and powerless. Such feelings are normal, but you must take the time to weigh your legal options. If you do not take legal action against the party responsible for your accident, you could end up having to pay your expenses out your own pocket.
Schedule a consultation with a Lexington personal injury lawyer today.
