Accidents do not just happen out of thin air. Someone is responsible for causing an accident and should be brought to justice for the damage and harm they caused, even if it was unintentional.
Personal injury cases can be complicated because almost any bodily injury might be grounds for a personal injury claim under the right conditions. Call a lawyer now if you were physically harmed because of someone else’s behavior. To win your case and get fair compensation, we must show the court how the defendant was negligent. Alternatively, if the defendant intentionally committed the injurious acts, we need to show their intent. Your damages should reflect monetary losses and emotional pain and suffering, which might be substantial. Evidence is often unique to each situation, but common forms include photos, witnesses, and hospital records.
If someone caused an accident or did something to hurt you, call Howe Law at (844) 876-4357 and arrange a free claims assessment with our personal injury attorneys to start your case.
What Injuries are Personal Injuries in Opelika, AL?
While a personal injury claim might include various losses, they are centered on bodily harm. Personal injury claims often involve a range of claims and damages, including bodily harm, property damage, and psychological distress, but bodily harm tends to take center stage.
If you are unsure whether you have a personal injury claim, consider how your injuries occurred. Many cases are based on accidents. Car accidents, mishaps in the workplace, and slip and fall accidents are just a few common examples. Even if someone did not intend to cause harm, they can still be held liable for their carelessness.
Some personal injury lawsuits stem from another person’s intentional actions. They might not have intended to cause you harm, but they did intend to commit the act that ultimately caused your injuries. In other cases, the defendant maliciously meant to cause harm. These cases might involve criminal charges against the defendant. Others do not. Remember, the defendant’s actions do not have to be considered criminal for you to sue them for damages.
Civil claims for personal injuries must be brought within 2 years of when the injuries occur, according to Ala. Code § 6-2-38(l). This might seem like a lot of time, but it is a tight deadline. Much preparation is required before the case is even filed, and you should speak to an attorney as soon as possible.
How to Prove Someone is Liable for Your Personal Injuries in Opelika, AL
As discussed earlier, many personal injury cases are based on accidents, while others are based on intentional conduct. Proving that the defendant is liable will be a bit different in each case. Accidents are often based on negligence, while purposeful conduct by the defendant requires a showing of their intent.
Negligence comprises the legal elements of duty, breach, causation, and damages. Essentially, the defendant must have owed you a duty of care or some legal obligation they breached or violated. The breach of duty must be the direct and proximate cause of the accident and your injuries. Finally, your damages must be real and not just hypothetical possibilities.
What each element consists of varies from case to case. Our personal injury attorneys can help you understand how your accident occurred so we can determine what evidence is necessary to prove your claims and fulfill these legal elements.
Intentional torts revolve around the defendant’s state of mind. We not only need to show that the defendant committed the act that caused your injuries but that they intended to commit the act. For example, if you are suing for the tort of assault and battery, we need to prove the defendant intended to hit or strike you.
Available Damages in Opelika, AL Lawsuits for Personal Injuries
Many damages are grounded in finances. Injuries are not cheap, and many plaintiffs lose or must spend considerable money after being hurt. Other damages are predicated on emotional or mental distress and painful experiences. These damages are more subjective and sometimes harder to evaluate. An attorney can help you accurately calculate damages to get you the most compensation possible.
You might have spent a lot of money on medical bills and repairing or replacing damaged property. For example, you might have to pay for steep emergency room bills and a replacement vehicle after a car accident. To make the situation even more dire, you might be so badly hurt that you cannot work. Not only do you have high bills, but now you have no income. You can claim your lost wages alongside your medical costs and property damage.
The pain inflicted on your body and mind might not cost money, but they take an agonizing toll on your life. Many report feeling extremely violated by the defendant’s careless or intentional actions. Many others live with panic, fear, and anxiety long after the initial accident. These experiences affect how you live your life, and they should be compensated.
Evidence to Support Your Personal Injury Claims in Opelika, AL
Evidence may differ in each case. What might be a key piece of evidence in one case might be unimportant in another. Even so, certain types of evidence tend to be more common than others, and your attorney can help you find what you need.
Photos and videos can be extremely useful as evidence. Photos of accident scenes or security camera videos might contain valuable details about how the accident occurred. If any other people were in the area when you were hurt, we can ask them to testify in court. Having other people back up your claims in court can help turn the tides of the case in your favor.
In cases where injuries are complex or severe, we can use your medical records to better explain the extent of your injuries to the jury. If necessary, we can have a medical expert review your records and testify in court.
Call Our Opelika, AL Personal Injury Attorneys For Help
If someone caused you to become injured, call our Montgomery, AL personal injury attorneys at Howe Law at (844) 876-4357 and schedule a free evaluation of your potential lawsuit.