The term personal injury might seem somewhat vague to the average person, but it is an important legal concept that covers a lot of ground. That is because a personal injury is an injury that was caused by the negligent behavior of another party, which could be an individual or a company. Since a personal injury is usually an accident, the victim will need to be compensated if they want to cover the expenses caused by that accident. They will need to get that compensation from the insurance company of the party responsible for the accident. And if they want the best chance of getting that compensation, then they will need the help of a personal injury lawyer.
And if they need a personal injury lawyer, then they should contact us at Timothy J. Ryan & Associates. We have been helping the personal injury victims of San Diego for nearly four decades now, so we know what needs to be done no matter the kind of personal injury case. We help our clients through every step of their case, from finding evidence that proves the culpability of the at-fault party to helping them file their injury claim to calculating their settlement amount to negotiating with the insurance company of the at-fault party on their behalf. So get in touch with us at Timothy J. Ryan & Associates if you want the best chance of receiving the compensation that you need after a personal injury in San Diego.
The Elements of a Personal Injury Case
In order for a case to qualify as a personal injury, the following elements must be present:
- The at-fault party owed the victim a duty of care. A duty of care means that a person is expected to behave in the way a rational and reasonable person would under similar circumstances. For example, a store owner is expected to clean up a spill or warn customers about it before someone slips on it and hurts themself.
- The duty of care was violated. This means that the at-fault party was being negligent, which is the cornerstone of personal injury cases. In the previous example, that would mean the store owner did not clean up or warn people about a potentially dangerous condition in their store.
- The negligent behavior led to an accident. Negligent behavior is bad by itself, but it needs to be responsible for an accident before it becomes a personal injury case. Following the example with the store owner, the spill they did not clean up would have to cause a customer to slip and fall.
- The final element is that the accident caused losses for the victim. This simply means that the person got injured when they experienced the accident and suffered losses because of it. Those losses could be in the form of medical bills, damaged property, or lost wages.
Types of Personal Injury Cases
Since the elements of a personal injury case are so broad, there are a lot of different situations that fall under that umbrella. Here are some of the more common types of personal injury cases:
Car Accidents – These are extremely common across the country and can be fairly mild or extremely serious. In the worst cases, they can cause fatalities.
Truck Accidents – These are less common than car accidents, but they can be more serious. The reason is that the larger size and weight of trucks can cause a lot of damage to other vehicles and their occupants.
Bus Accidents – Bus accidents are dangerous for the same reason that truck accidents are; their superior size and weight compared to other vehicles on the road means that they are capable of causing far more damage.
Motorcycle Accidents – These can be very serious for the rider because they have no protection besides their helmet. That means they are far more susceptible to serious injuries like broken bones and traumatic brain injuries.
Medical Malpractice – There are cases where health care professionals can inadvertently hurt their patients. This can be due to different issues such as surgical errors, misdiagnosis, poor aftercare, and other mistakes.
Premises Liability – This means that a person suffered an accident because of a dangerous condition on someone else’s property. However, the accident victim would have to be on the property legally for them to have a valid case.
Defective Products – In some cases, a product malfunction is relatively harmless, but in other cases, it can hurt the user. When that happens, the party responsible for the defect needs to be held accountable.
Wrongful Death – When a person ends up succumbing to the injuries in what would otherwise be a personal injury case, then that is called a wrongful death. In those cases, the family of the deceased is entitled to receive compensation for the losses caused by the death of their loved one.
Contact Us If You Have Suffered a Personal Injury in San Diego
A personal injury can cause physical, emotional, and financial damage to the victim. The injury could lead to expenses like medical bills, damaged property, and lost wages if the victim is unable to work while they recover. The victim could also suffer from emotional problems like pain and suffering or PTSD (Post Traumatic Stress Disorder). No matter what kind of losses suffered by the personal injury victim the attorneys at Timothy J. Ryan & Associates will help them.
We will help our clients throughout every stage of their personal injury case from beginning to end. If the insurance company of the at-fault party refuses to offer a reasonable settlement, then the victim will have to sue said party. Should that happen, we will be with our clients through the trial process, fighting to give them a victory. Do not hesitate to contact us as soon as possible after you have suffered a personal injury. We will give you a free evaluation of your case and then proceed from there to give you the best chance to receive the compensation you deserve.