It is an unfortunate fact that most of us will suffer a personal injury at some point during our lives. Many such incidents that result in personal injuries are the consequences of the negligence or intentional actions of other parties.
An Altoona personal injury lawyer may be able to help you to pursue claims against these parties for your losses. Whenever another party is liable for an incident that results in a personal injury, the injury victim may seek payment for medical care, lost wages, and emotional trauma. An attorney could help to pursue your claims for such payments.
Injuries that Result from Accidents
Most personal injuries that are attributable to the actions of another party are the result of negligence. This means that the defendant did not intend to cause any harm, but through their carelessness or recklessness, harm occurred nonetheless.
An injured plaintiff can only pursue a claim after an accident if a defendant violated a duty of care. These duties are commonly violated. Examples of negligence cases include:
- Car, truck, motorcycle, or pedestrian accidents where a driver has a duty to act reasonably and responsibly while behind the wheel
- Premises liability claims where landowners have a duty to protect invited guests from harm
- Medical malpractice claims where doctors and nurses have a duty to provide competent care
- Product liability cases where makers of products who have a duty to design and manufacture products that are reasonably safe for their intended use
In all cases centered around negligence, plaintiffs must prove that a defendant’s actions caused their losses. However, plaintiffs must also be prepared to justify their own actions. In all negligence cases, courts will consider a legal theory called modified comparative negligence. According to 42 Pa.C.S § 7102, courts must evaluate the actions of all parties to an accident to assign fault. If the court believes that a plaintiff is more than 50 percent at fault for an incident, that court cannot award any compensation. An Altoona personal injury lawyer could help to explain the concept of negligence and how it affects a claim for damages.
Cases Centered Around Intentional Violence
A significant portion of personal injuries are also the result of the intentional actions of defendants. Assaults, sexual offenses, kidnappings, and even intentional infliction of emotional distress are all examples where a plaintiff alleges that a defendant intended to cause harm. Here, it is also likely that a defendant faces related criminal charges. While a conviction in criminal court can result in the defendant paying a fine or serving a jail sentence, it may be necessary for a victim to pursue a separate but related civil claim for damages to recover compensation for emotional trauma and pain and suffering.
A conviction in a criminal case can serve as conclusive evidence in a civil claim. A legal concept called res judicata states that a court cannot reexamine a question that another court has already answered. For example, if an assault leads to a conviction in criminal court for Defendant A, Defendant A cannot argue in civil court that this assault never occurred. On the other hand, an acquittal in criminal court does not mean that a civil case will not succeed. An Altoona personal injury lawyer could help to explain the interactions between criminal and civil court cases.
An Altoona Personal Injury Lawyer Could Help You
The purpose of a personal injury claim is to make you whole again. This means that a liable defendant has an obligation to provide payments to cover all your losses. An Altoona personal injury lawyer could help you to measure those losses, gather the evidence necessary to prove that the defendant was at fault, and represent your interests during all settlement negotiations and court hearings. Contact an Altoona personal injury lawyer at the Marcus & Mack Law Firm today to begin working on your claim.