Effective Trial Lawyers for Personal Injury Lawsuits
Accidents can be life-changing moments that impact your physical, mental, emotional, and financial well-being, whether they involve dog bites, car accidents, construction accidents, or premises liability incidents. However, if you or a loved one have been injured in an accident caused by another person or an organization’s negligence, recklessness, or willfully wrongful act, you have the right to seek financial compensation for the injuries you suffered because of their actions. You should give the seasoned, award-winning personal injury lawyers of Walton Law a call to determine whether you have grounds to sue for damages.
Suing for Damages in a Personal Injury Lawsuit
In order to recover damages on your behalf, we will need to prove that you have standing to sue and that the defendant or defendants were responsible for your accident. Most personal injury lawsuits are brought under a theory of negligence. To prove negligence, we will need to show: (1) the defendant owed you a reasonable duty of care, (2) the defendant breached the duty of reasonable care, (3) causation, and (4) damages.
The circumstances will determine whether a duty of care was owed to you, and whether a defendant departed from that duty of care. Generally, drivers owe a duty of care to others with whom they share the road. That means they are expected to act in a reasonably careful way to avoid injuries to others. Our lawyers could hold a defendant responsible if they did not act in a reasonably careful way, such as when they were speeding and crashed into you, drove under the influence, or drive while excessively fatigued, resulting in a car accident. Similarly, we may be able to hold a property owner accountable in a premises liability lawsuit if he or she didn’t make repairs to a dangerous condition on his property or didn’t give you warning as a visitor to the property, and you were injured as a result.
Often, defendants claim that a plaintiff was comparatively negligent for his or her own injuries. When a defendant can establish comparative negligence through competent evidence, the plaintiff’s damages will be reduced by an amount proportionate to his or her fault. For example, if damages were $100,000, but the jury believes you were 50% responsible for an accident, you would only be able to recover $50,000. Accordingly, insurers for the defendant may try to pin the blame on you to avoid providing compensation, and it is crucial to call our lawyers to see if you have a viable case before you talk to them.
Remedies for Personal Injury Claims
In a personal injury lawsuit, our attorneys seek both past and future economic and noneconomic damages. These are usually compensatory, meaning they are designed to make you “whole” again for your injuries, not punish the responsible parties. If we can show the defendant’s liability for the accident, a jury may award compensatory damages such as pain and suffering, emotional distress, loss of enjoyment, lost wages, medical bills, and out-of-pocket costs.
In addition to compensatory damages, punitive damages can be awarded in certain jurisdictions and cases. Punitive damages are intended both to punish a party for egregious, intentional, grossly reckless, or reprehensible behavior and to discourage anyone from repeating similar conduct in the future.
Contact an Experienced Personal Injury Attorney to Discuss Your Case Today
If you or a loved one has been injured by someone’s wrongful actions, it is important to move quickly to protect your rights and understand the options you can pursue to recover damages. The attorneys at Walton Law, A.P.C have extensive experience handling personal injury claims. Our award-winning attorneys will give you personalized, small firm attention to address the unique aspects of your claim while vigorously advocating for the compensation you deserve. Contact us today to set up your no-obligation, confidential case review at (866) 338-7079 or complete our contact page online.