As your personal injury damages lawyer in Wytheville, VA at The Law Office of Mark T. Hurt may tell you, personal injury is a legal term and is given to cases which involve harms and losses caused by the unreasonable, wrongful, negligent, reckless, or careless conduct of another individual or party. Personal injury claims or lawsuits are commonly referred to as tort cases.
Tort cases, regardless of whether they are brought on by injuries incurred during medical malpractice, an auto accident, from a defective product, or a dangerous drug, involve victims experiencing harms and losses due to the original incident or accident. Many combined factors may determine the success of many personal injury cases. However, three factors are among the most important: determining the liability of the other person or party, calculating damages owed to the victim, and hiring an experienced Wytheville, VA personal injury damages lawyer for support.
Your personal injury damages lawyer in Wytheville can help determine the negligent or at-fault party’s liability by gathering proof of one or more of the following:
- Negligence: Negligence is a failure of the other party involved in the incident to meet a duty of care designed to keep victims safe or free from injury.
- Willful intent: This refers to a deliberate act by the other party, which leads to the accident or incident. Willful intent could include a blatant disregard for the safety of the victim or even the public, in general. Or, it could involve acts that the other person or party committed with the conscious intent to hurt the victim, or someone else.
Strict liability: This term refers to the complete legal responsibility for an injury. Proving willful intent or negligence is not necessary for this claim. This is the argument commonly used in defective product cases.
A vast number of methods exist in which a victim can sustain an accident-related injury, and more than one party may be liable for its cause. If you are trying to determine which legal action to take, resourceful and well-qualified VA personal injury damages lawyer in Wytheville may be best suited to assist you.
What You Need to Prove in a Personal Injury Lawsuit
A personal injury lawyer from Wytheville, VA can talk with you more about the four elements that must be present for a personal injury claim or lawsuit succeed, including:
- Legitimate injury: A victim must be injured and suffer harms and losses.
- Duty (of care): A person, party, or legal entity must “reasonably” act toward others and the general public using a specific level of care. If another party’s actions fail to meet the legal standard of duty, their actions likely justify injured victims to claim they were subject to damages or harm. The level of duty can vary depending on the nature of the negligent defendant. Proving violation of the duty of care is the cornerstone for all personal injury cases and claims.
- Breach of Duty and Causation: A victim must prove that the person or party to blame for their injury has breached their legal duty. Victims and their attorneys must also show that what this individual or entity did, or failed to do, caused the harm or injury.
- Damages: This refers to the amount of money an injury victim might be awarded in a lawsuit for the harms and losses they have suffered.
As you can see, personal injury claims can be complicated, and having a member of our dedicated legal team on your side can make all the difference. For more information or to schedule a consultation, contact a Virginia personal injury damages lawyer in Wytheville at The Law Office of Mark T. Hurt today.
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.