Personal Injury

Personal injury law, also known as tort law, encompasses a vast array of liability cases. These cases include but are not limited to motor vehicle accident cases, medical malpractice claims, premise liability claims, product liability claims, construction accidents, worker's compensation matters, wrongful death and survival claims to list a few. If you or a family member has suffered a personal injury or wrongful death as a result of the wrongful conduct of another, you may be entitled to seek recovery of compensatory damages which can include compensation for physical injuries, medical expenses, loss of earnings and future loss of earning capacity. Further, if the defendants' conduct is egregious, you may be able to recover punitive damages, which are intended to punish and discourage wrongful conduct.

It is impossible to list all of the types of situations which may give rise to a personal injury claim but, some of the most common are motor vehicle accidents, slip and fall injuries and work related injuries. The common thread in all personal injury claims is the concept of a failure to act reasonably under all of the facts and circumstances. The person or entity responsible for a personal injury is known as a "tortfeasor" and will be held responsible for damages if it can be proven that:

• There was a duty to provide care to the plaintiff
• The tortfeasor acted negligently or otherwise in violation of the applicable standard of care owed to the plaintiff
• Such deviation from the prevailing standard of care was the cause of injury
• That the plaintiff was in fact injured

The primary purpose of a personal injury claim is to compensate the victim for injuries that they have suffered and to put them back in the position they would have been in but for the defendants' negligence. In cases of extreme and outrageous conduct, the law provides for punitive damages, to punish the defendant and to discourage others from engaging in similar conduct.

In a personal injury lawsuit, it is the plaintiff's burden to prove each of the elements of their case by a preponderance of the evidence. In other words, they must prove that it is more likely than not that each of the four factors set forth above existed under the facts of their case. At American Justice Network, we act as your "law care advocate," guiding you and helping you select the right lawyer for your particular personal injury case. We invite you to learn more about personal injury law and the types of injuries that form the basis of personal injury lawsuits, we invite you to explore our website in detail, or to contact us. We would welcome the opportunity to speak with you about your potential claim.