Personal Injury Law Firm Serving Accident Victims For Over 50 Years

How Do I Know If I Have a Case for an Injury Lawsuit?

Every situation is different and it is important to discuss the details of your potential case with an experienced personal injury firm. There are several elements of tort civil actions that need to be proven in order to pursue a personal injury claim.

These elements are:

1. A breach of legal duty between the one doing the wrong (the defendant) and the person injured (the plaintiff) and
2. Damages that occur because of that breach.

When all elements take place, a personal injury accident, or tort, has occurred.

What are the Different Forms of Personal Injury Tort Law?

Liability for a personal injury accident can be caused by negligence, intentional acts or under a unique theory called “strict liability.

1. Personal Injury Negligence: A negligent act occurs when someone fails to take appropriate action and you are harmed as a result of that failure. For example, negligence occurs if someone fails to stop at a red light and proceeds through an intersection and hits your car.
2. Intentional Act: An intentional act occurs when the person committing the act wants to engage in the conduct. For example, an intentional act is committed if someone takes a baseball bat and intentionally hits you with it.
3. Strict Liability: Strict liability means that there is a responsibility to others whether or not unreasonable conduct was involved.
4. Products liability is another example of when strict liability may apply. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product, under the terms of strict liability the injured party does not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was done.

Damages in a Personal Injury Settlement or Case

Personal injury accident law is the mechanism for determining who is in the wrong, or in other words, who is “liable,” and what the liable person should have to pay for the damages caused.

Once a personal injury has occurred, the defendant has a liability to make good the damage done. “Damages” are what is owed to you to compensate you for your loss. Damages can be agreed upon by you and the injuring party through a personal injury settlement without the need to go to trial or file an injury lawsuit. However, the damages offered to you may not fully compensate you for your loss, especially if you have suffered a physical injury accident and have not been able to work. Hiring a personal injury lawyer ensures that you are treated fairly through this process.

You can find out more information regarding the outcomes of previous personal injury cases from the past 3 decades on the Bureau of Justice Statistics website.

Getting Legal Help – Personal Injury Firm

If you are the victim of a personal injury, there are several things you can do to help yourself. First and foremost, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. You should be cooperative with the police, your own treating physicians, and your own insurance company, but be careful about discussing your case with anyone else before contacting a personal injury attorney

If you believe your personal injury accident was caused by someone else’s carelessness, negligence, recklessness, or intentional actions, call The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an online questionnaire. The initial consultation for your personal injury claim is free of charge. If we agree to handle your case, we will work on a contingency fee basis. This means we get paid for our services only if there is a monetary recovery of funds.

We have personal injury law firm offices in Pennsylvania | New York | New Jersey

In many cases, an injury lawsuit must be filed before an impending expiration date, known as a Statute of Limitations. Therefore, it is essential to call right away to ensure that you do not waive your right to possible compensation.

Submit an online questionnaire to speak with an experienced personal injury attorney. The initial consultation is FREE of charge. If we agree to handle your case, we will work on a contingency fee basis- we only get paid for our services if there is a monetary recovery of funds.