What Types of Injuries Can Form the Basis for a Lawsuit?

Personal injury plaintiffs usually bring lawsuits that turn on a defendant’s negligence. Generally, the plaintiff must prove the following elements of negligence by a preponderance of the evidence: the defendant’s duty, the defendant’s breach of duty, actual and proximate cause, and damages. The elements can vary somewhat based on the situation that gave rise to the negligence. Whether a personal injury case arises out of premises liability, product defects, medical malpractice, or a car accident, the nature and severity of the injuries is what determines the value of the case.

Personal injury lawsuits can arise from many types of injuries, including:

Brain Injury

Broken/Fractured Bones

Burn Injury

Catastrophic Injury

Drowning

Electrocution

Fire/Burn Injury

Spinal Cord/Back Injury

Loss of Limb

Scarring/Disfigurement

Paralysis

The Relationship Between Injuries and Damages

In general, a plaintiff’s attorney will present the plaintiff’s testimony, as well as the testimony of a treating doctor or other expert, to discuss the nature and severity of the plaintiff’s injuries. Often, the past and future medical bills associated with the injuries are not the full extent of the damages available to address them.

For example, when a patient suffers paralysis in a truck accident, he or she may sue the truck driver and the trucking company. At trial, the victim may testify primarily as to pain and suffering and loss of enjoyment of life. However, he or she may also present a treating physician to testify as to the cause of the paralysis, objective findings, and the extent to which this kind of paralysis typically limits patients’ lives. He may need to present expert testimony from a vocational rehabilitation expert to show that he or she will no longer be able to work and will require household services that would not otherwise be needed. The expert will present evidence quantifying these future losses.

To counter the extent of the damages claimed by the plaintiff, the defense attorney will try to minimize the injuries suffered. Generally, the defendant will need to retain one or more experts, including a vocational rehabilitation expert, to respond to the plaintiff’s claim of damages. This expert may testify that the plaintiff can work and that the other expert is wrong, or he or she may testify that the plaintiff cannot work in the same capacity, but is qualified to work in other jobs that pay a similar amount and have job openings. Often, the defense will attack the plaintiff’s credibility not only as to the events that gave rise to the injuries, but also regarding the extent to which the plaintiff is limited by them.

Insurance companies that insure defendants in various types of claims retain investigators to look into suspicious claims of injuries and to conduct surveillance on the plaintiff. In general, as long as the investigation takes place in public places or online in spaces where there is no reasonable expectation of privacy, evidence from these investigations can be used to discredit plaintiffs.

One common error in judgment made by plaintiffs is to post pictures or status updates on CG Law - lawyers aboriginal law Facebook or other social media. A prudent defendant’s investigator will use any public information to show that a plaintiff is exaggerating his or her injuries. For example, a plaintiff in a motorcycle accident who claims back injuries from a car accident, but posts status updates about extreme sports events and hiking, may expose himself to being discredited at deposition or in front of a jury about the extent of his back injuries.

What Types of Injuries Can Form the Basis for a Lawsuit?

Personal injury plaintiffs usually bring lawsuits that turn on a defendant’s negligence. Generally, the plaintiff must prove the following elements of negligence by a preponderance of the evidence: the defendant’s duty, the defendant’s breach of duty, actual and proximate cause, and damages. The elements can vary somewhat based on the situation that gave rise to the negligence. Whether a personal injury case arises out of premises liability, product defects, medical malpractice, or a car accident, the nature and severity of the injuries is what determines the value of the case.

Personal injury lawsuits can arise from many types of injuries, including:

Brain Injury

Broken/Fractured Bones

Burn Injury

Catastrophic Injury

Drowning

Electrocution

Fire/Burn Injury

Spinal Cord/Back Injury

Loss of Limb

Scarring/Disfigurement

Paralysis

The Relationship Between Injuries and Damages

In general, a plaintiff’s attorney will present the plaintiff’s testimony, as well as the testimony of a treating doctor or other expert, to discuss the nature and severity of the plaintiff’s injuries. Often, the past and future medical bills associated with the injuries are not the full extent of the damages available to address them.

For example, when a patient suffers paralysis in a truck accident, he or she may sue the truck driver and the trucking company. At trial, the victim may testify primarily as to pain and suffering and loss of enjoyment of life. However, he or she may also present a treating physician to testify as to the cause of the paralysis, objective findings, and the extent to which this kind of paralysis typically limits patients’ lives. He may need to present expert testimony from a vocational rehabilitation expert to show that he or she will no longer be able to work and will require household services that would not otherwise be needed. The CG Law - lawyers aboriginal law expert will present evidence quantifying these future losses.

To counter the extent of the damages claimed by the plaintiff, the defense attorney will try to minimize the injuries suffered. Generally, the defendant will need to retain one or more experts, including a vocational rehabilitation expert, to respond to the plaintiff’s claim of damages. This expert may testify that the plaintiff can work and that the other expert is wrong, or he or she may testify that the plaintiff cannot work in the same capacity, but is qualified to work in other jobs that pay a similar amount and have job openings. Often, the defense will attack the plaintiff’s credibility not only as to the events that gave rise to the injuries, but also regarding the extent to which the plaintiff is limited by them.

Insurance companies that insure defendants in various types of claims retain investigators to look into suspicious claims of injuries and to conduct surveillance on the plaintiff. In general, as long as the investigation takes place in public places or online in spaces where there is no reasonable expectation of privacy, evidence from these investigations can be used to discredit plaintiffs.

One common error in judgment made by plaintiffs is to post pictures or status updates on Facebook or other social media. A prudent defendant’s investigator will use any public information to show that a plaintiff is exaggerating his or her injuries. For example, a plaintiff in a motorcycle accident who claims back injuries from a car accident, but posts status updates about extreme sports events and hiking, may expose himself to being discredited at deposition or in front of a jury about the extent of his back injuries.

What Types of Injuries Can Form the Basis for a Lawsuit?

Personal injury plaintiffs usually bring lawsuits that turn on a defendant’s negligence. Generally, the plaintiff must prove the following elements of negligence by a preponderance of the evidence: the defendant’s duty, the defendant’s breach of duty, actual and proximate cause, and damages. The elements can vary somewhat based on the situation that gave rise to the negligence. Whether a personal injury case arises out of premises liability, product defects, medical malpractice, or a car accident, the nature and severity of the injuries is what determines the value of the case.

Personal injury lawsuits can arise from many types of injuries, including:

Brain Injury

Broken/Fractured Bones

Burn Injury

Catastrophic Injury

Drowning

Electrocution

Fire/Burn Injury

Spinal Cord/Back Injury

Loss of Limb

Scarring/Disfigurement

Paralysis

The Relationship Between Injuries and Damages

In general, a plaintiff’s attorney will present the plaintiff’s testimony, as well as the testimony of a treating doctor or other expert, to discuss the nature and severity of the plaintiff’s injuries. Often, the past and future medical bills associated with the injuries are not the full extent of the damages available to address them.

For example, when a patient suffers paralysis in a truck accident, he or she may sue the truck driver and the trucking company. At trial, the victim may testify primarily as to pain and suffering and loss of enjoyment of life. However, he or she may also present a treating physician to testify as to the cause of the paralysis, objective findings, and the extent to which this kind of paralysis typically limits patients’ lives. He may need to present expert testimony from a vocational rehabilitation expert to show that he or she will no longer be able to work and will require household services that would not otherwise be needed. The expert will present evidence quantifying these future losses.

To counter the extent of the damages claimed by the plaintiff, the defense attorney will try to minimize the injuries suffered. Generally, the defendant will need to retain one or more experts, including a vocational rehabilitation expert, to respond to the plaintiff’s claim of damages. This expert may testify that the plaintiff can work and that the other expert is wrong, or he or she may testify that the plaintiff cannot work in the same capacity, but is qualified to work in other jobs that pay a similar amount and have job openings. Often, the defense will attack the plaintiff’s credibility not only as to the events that gave rise to the injuries, but also regarding the extent to which the plaintiff is limited by them.

Insurance companies that insure defendants in various types of claims retain investigators to look into suspicious claims of injuries and to conduct surveillance on the plaintiff. In general, as long as the investigation takes CG Law - lawyers aboriginal law place in public places or online in spaces where there is no reasonable expectation of privacy, evidence from these investigations can be used to discredit plaintiffs.

One common error in judgment made by plaintiffs is to post pictures or status updates on Facebook or other social media. A prudent defendant’s investigator will use any public information to show that a plaintiff is exaggerating his or her injuries. For example, a plaintiff in a motorcycle accident who claims back injuries from a car accident, but posts status updates about extreme sports events and hiking, may expose himself to being discredited at deposition or in front of a jury about the extent of his back injuries.

What Types of Injuries Can Form the Basis for a Lawsuit?

Personal injury plaintiffs usually bring lawsuits that turn on a defendant’s negligence. Generally, the plaintiff must prove the following elements of negligence by a preponderance of the evidence: the defendant’s duty, the defendant’s breach of duty, actual and proximate cause, and damages. The elements can vary somewhat based on the situation that gave rise to the negligence. Whether a personal injury case arises out of premises liability, product defects, medical malpractice, or a car accident, the nature and severity of the injuries is what determines the value of the case.

Personal injury lawsuits can arise from many types of injuries, including:

Brain Injury

Broken/Fractured Bones

Burn Injury

Catastrophic Injury

Drowning

Electrocution

Fire/Burn Injury

Spinal Cord/Back Injury

Loss of Limb

Scarring/Disfigurement

Paralysis

The Relationship Between Injuries and Damages

In general, a plaintiff’s attorney will present the plaintiff’s testimony, as well as the testimony of a treating doctor or other expert, to discuss the nature and severity of the plaintiff’s injuries. Often, the past and future medical bills associated with the injuries are not the full extent of the damages available to address them.

For example, when a patient suffers paralysis in a truck accident, he or she may sue the truck driver and the trucking company. At trial, the victim may testify primarily as to pain and suffering and loss of enjoyment of life. However, he or she may also present a treating physician to testify as to the cause of the CG Law - lawyers aboriginal law paralysis, objective findings, and the extent to which this kind of paralysis typically limits patients’ lives. He may need to present expert testimony from a vocational rehabilitation expert to show that he or she will no longer be able to work and will require household services that would not otherwise be needed. The expert will present evidence quantifying these future losses.

To counter the extent of the damages claimed by the plaintiff, the defense attorney will try to minimize the injuries suffered. Generally, the defendant will need to retain one or more experts, including a vocational rehabilitation expert, to respond to the plaintiff’s claim of damages. This expert may testify that the plaintiff can work and that the other expert is wrong, or he or she may testify that the plaintiff cannot work in the same capacity, but is qualified to work in other jobs that pay a similar amount and have job openings. Often, the defense will attack the plaintiff’s credibility not only as to the events that gave rise to the injuries, but also regarding the extent to which the plaintiff is limited by them.

Insurance companies that insure defendants in various types of claims retain investigators to look into suspicious claims of injuries and to conduct surveillance on the plaintiff. In general, as long as the investigation takes place in public places or online in spaces where there is no reasonable expectation of privacy, evidence from these investigations can be used to discredit plaintiffs.

One common error in judgment made by plaintiffs is to post pictures or status updates on Facebook or other social media. A prudent defendant’s investigator will use any public information to show that a plaintiff is exaggerating his or her injuries. For example, a plaintiff in a motorcycle accident who claims back injuries from a car accident, but posts status updates about extreme sports events and hiking, may expose himself to being discredited at deposition or in front of a jury about the extent of his back injuries.

Lawyers & Your Injury…

So, you have been in an auto accident or have been injured by another. Sounds like a commercial already, right? Well, accidents and injuries happen every few minutes, and many really don’t know what they should https://cglawgroup.ca do when an injury occurs.

First, you need to immediately collect all of the information about your accident or injury, if you are physically able to do so. More specifically, you need the names of the parties involved in the accident/altercation and the names of any witnesses. Much of this can be accomplished by immediately calling the police so that an accident/arrest report is generated. You should also have photographs taken of the scene with your call phone or digital camera. Most importantly, you may need medical attention. Even if you feel fine or just a bit sore, you will want to rule out any potential injuries; some injuries can take several days to appear. Keep in mind, an insurance company may use the fact that you did not immediately seek medical care against you.

You will want to contact your insurance company or hire an attorney to contact them for you. Selecting an attorney is an important decision and far more important than many realize. Many people choose an attorney purely on the advertising they see on television or billboards. This can be a dire mistake as not all attorneys are created equal and the quality of your attorney can greatly impact your potential recovery. What you want is a lawyer who knows how to settle your case when appropriate but who is also a great litigator who knows when and how to take a case to trial.

You should keep in mind that if you are injured by no fault of your own, chance are you will only get “one bit of the apple” for a recovery, meaning you cannot go back and ask for more money if your injuries worsen or you require more treatment. Hiring the wrong attorney can cost you for the rest of your life.

When interviewing for an attorney, don’t be timid in asking about their trial experience. Ask what types of cases they have tried, issues they have encountered, and what their background in handling comparable cases is. It is also important to determine whether your lawyer can truly afford to handle your case. Many firms take cases but shortchange their clients because they don’t advance the money necessary to properly prepare the case for trial or to best advance the client’s position in negotiations. Some lawyers don’t do this because they don’t have the requisite funds to do so. This area is so important and so frequently overlooked by the client, as most simply assume the attorney will advance whatever costs are needed, when often that’s not the case.

If you don’t feel that your current personal injury attorney is representing your best interests, you are free to fire that attorney and hire another. If you are considering firing your attorney it is only fair to first meet with them. Like any relationship, good communication is essential. Oftentimes, the client is unaware of the work being done on their case. Be realistic in your expectations though. Your lawyer may be doing a good job but what the facts, injuries and law allow may be quite different than your desires. However, you don’t want to be seduced by another lawyer who only tells you what you want to hear. Rather, look strongly at what work the lawyer has done for you and evaluate the lawyer on their actions. See how they line up with their words. If they don’t, change may be in order.

Remember, information is power. If you are hurt by another, immediately gather the information you need and researching information on the attorney you will choose can be essential to your recovery.