A personal injury case arises when someone suffers harm due to another’s negligence or conduct. These cases are designed to help victims recover compensation for the physical, emotional, and financial consequences of their injuries. Whether due to a car accident, slip and fall, medical error, or defective product, personal injury law allows people to hold their wrongdoers accountable.
Understanding the basics of a personal injury case, including negligence and the types of damages that may be available, can help you determine your rights after an accident. You may be eligible to pursue a claim.
What Do I Need to Prove for My Personal Injury Case?
Most personal injury cases are based on the legal theory of negligence. Negligence occurs when someone fails to act with the level of care that a reasonably prudent person would under similar circumstances.
To succeed in a negligence-based personal injury claim, you must prove the following four elements:
- Duty of care: You must show that the defendant owed you a legal duty of care. For example, drivers owe others on the road a legal duty to drive safely and obey traffic laws.
- Breach of duty: You must show that the defendant breached their duty. A breach might involve texting while driving, failing to clean up a wet floor at a store, or being prescribed the wrong medication.
- Causation: You must prove that the defendant’s actions directly caused your injury and damages. This involves showing that “but for” their conduct, your injury would not have occurred, and that your injury was a foreseeable consequence of their actions.
- Damages: You must show that you suffered actual losses due to your injury, whether physical, emotional, or financial.
Your personal injury claim may not succeed if even one of these elements is not proven.
Common Types of Personal Injury Cases
Personal injury law covers a wide range of incidents and injuries. Some of the most common types of personal injury cases include:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
- Workplace accidents
- Dog bites
- Assaults
Each case type has unique legal and factual issues, but they are all bound by the general principles of personal injury law.
What Damages Can Be Recovered in Personal Injury Cases?
Personal injury law aims to make victims “whole” again after an accident through financial compensation. No amount of compensation can erase the pain or trauma of an injury, but it may provide support for physical healing, emotional recovery, and financial stability. Courts and insurance companies often award two categories of damages: economic and non-economic.
Economic Damages
Economic damages refer to the tangible, measurable losses you incur from an accident. They often include:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses
Economic damages can be relatively straightforward to calculate, but it is important that they are thoroughly documented and supported by expert opinions when necessary to ensure full compensation.
Non-Economic Damages
Non-economic damages account for the more subjective, intangible losses that result from an injury. These are damages that cannot be measured by a receipt, but are no less significant.
Common types include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium
Non-economic damages are more difficult to quantify than economic ones, and their value often depends on the severity and permanence of the injury. Courts may rely on expert testimony, medical evaluations, and personal impact statements to assign a fair value.
Do You Need a Lawyer for Your Personal Injury Case?
It may be possible to handle small claims independently, but most personal injury victims benefit significantly from working with experienced counsel. A personal injury lawyer can:
- Gather evidence of liability
- Accurately evaluate the value of your personal injury claim
- Handle complex negotiations with insurance companies
- Navigate procedural rules
- Advocate for your best interests in court, if needed
Victims represented by lawyers often have a greater chance of recovering compensation than those who handle their claims alone.
Contact a Personal Injury Lawyer Today for a Free Consultation
A personal injury case is about more than just recovering financial compensation. It is about accountability and restoring your quality of life after an injury. If you have been injured due to someone else’s actions, speak with a personal injury lawyer about taking your first step toward recovery. Time is limited, so schedule a free consultation today.
Contact the Utah Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced personal injury lawyer at Parker & McConkie to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming, and their surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
