What Is a Personal Injury Claim? |

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What Is a Personal Injury Claim?

Rear View Of Businessman Suffering From Back AchePersonal injury claims are legal matters where one person suffers harm from an accident or injury and someone else may be legally responsible.  The American Bar Association [1] describes personal injury claims as those claims, whether intentional, negligence, or strict liability, with two basic issues; liability and damages.  Was another person liable for the damages that you suffered and, if so, what is the extent of those damages.  If an individual can prove liability and damages, the system of justice will award compensation.  This explanation may seem complicated, as are the laws that apply to personal injury claims, making it important to discuss your case with an Atlanta personal injury attorney.

Personal injury claims can take on many different forms including:

  • Automobile accidents
  • Pedestrian accidents
  • Defective products
  • Motorcycle accidents
  • Slip and Fall accidents
  • Injuries caused by animals including dogs


Common Terms in Personal Injury Cases

If you have been involved in an auto accident and sustained an injury, you will want to speak to an Atlanta personal injury attorney.  If you and your attorney decide that it is necessary to file a lawsuit in order to best protect your interests and to receive compensation on your behalf, there are words and phrases that are common to personal injury cases:

Plaintiff – The person who files a lawsuit
Defendant – The person or business entity that is being sued
Party – A participant in the lawsuit; either the Plaintiff or the Defendant
Attorney – An individual who is licensed to practice law and who provides legal representation to a party (either the Plaintiff or the Defendant)
Negligence – Occurs when the Defendant fails to meet their legal duty of care and the Plaintiff is injured as a result

A personal injury attorney can explain these terms and how they apply to your individual case.  They can also discuss if another person is liable for your damages and how you can obtain compensation for those injuries.

Reference:

[1] http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury_typical.html

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