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What Exactly is a Personal Injury?

When most people think of a personal injury, they imagine a car accident. While car accidents are a major cause of personal injury cases, there are a variety of other situations where a personal injury has occurred.

Personal injuries are typically defined as any injury to a person’s body. Personal injury includes bodily harm such as car accidents, workplace accidents, assault, battery, and slip and fall injuries. Along with physical injuries, people often experience mental suffering, lost wages, large medical bills, and property damage, amongst other things.

A personal injury suit is typically brought against a person or entity for acting negligently or intentionally that causes an injury to another individual. An individual or entity acts negligently when they fail to act with the level of care that a reasonable person would have acted with under the same circumstances and this action caused an injury. Negligence can also include a failure to act when an individual or entity had a legal responsibility to act that caused an injury.

There are four things that must take place and demonstrated in court for a negligence claim to succeed. First, it must be shown that the individual or entity that caused the injury had a legal responsibility to the plaintiff. Second, the individual or entity that caused the injury must have violated this responsibility. Third, the individual or entity’s act or failure to act must have caused the injury to the other individual. Fourth, proof must be shown that the individual or entity’s violation of their legal responsibility was the cause of the injury.

Intentional wrongs, also known as intentional torts, occur when an individual or entity causes an injury intentionally to an individual. Common examples of intentional wrongs include battery, assault, false imprisonment, trespass to land, and other trespasses to property.

Personal injuries harm the victim and often leave them wondering how the situation can be resolved. For assistance with a personal injury or to discuss any concerns you have about a potential personal injury claim, contact Berkshire & Burmeister’s experienced personal injury attorneys.

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