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Fast, Free, and Confidential Choose a Category » Auto Accident Injury Criminal Defense DUI Bankruptcy Personal Injury Real Estate Immigration Family Law Divorce Child Support Prenuptial Employment Workers Comp Copyright Traffic Civil Law Wills Elder Law Call us today for a free consultation (855) 466-5776 Download Legal Documents, Forms, & Contracts! Choose a Category » Wills & Estate Planning Divorce Contracts Bankruptcy Business Contracts Forming an LLC Home Ownership Loan Agreements Marriage Law Incorporation Law Intellectual Property Employment & HR Landlords & Property Managers Renters & Tenants Small Business Starting a Non-profit Corporate Compliance Other Call us today for a free consultation (855) 466-5776 How Can We Help You? -- Personal Injury Helping 20 Million Americans a Year for 20 Years. FREE! Find the Right Lawyer for Your Legal Issue! Download Legal Documents, Forms, & Contracts! Find Attorney Create Legal Documents Find the Right Lawyer for Your Legal Issue! 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Choose a Category » Wills & Estate Planning Divorce Contracts Bankruptcy Business Contracts Forming an LLC Home Ownership Loan Agreements Marriage Law Incorporation Law Intellectual Property Employment & HR Landlords & Property Managers Renters & Tenants Small Business Starting a Non-profit Corporate Compliance Other Call us today for a free consultation (855) 466-5776 How Can We Help You? -- -- Share -- -- -- Personal Injury contains: 2 Videos, 515 Articles, 32 FAQs Personal Injury Basics Personal Injury Claims , Personal Injury Laws and Lawyers , Personal Injury Damages , Pain & Suffering / Lost Wages , Back Injuries , More … Defective Products Defective Product Claims , Defective Products , Product Defect Liability and Damages , Da Vinci Robotic Surgery , Dangerous Toys , More … Dangerous Drugs Accutane , Actos , Anti-Depressant Drugs and Birth Defects , Avandia , Clomid , More … Property Damage Property Damage Claims , Property Damage & Insurance , More … Structured Settlements What Is a Structured Settlement? , Managing Structured Settlements , More … Libel And Slander Libel & Slander Defined , Defamation Liability , Defamation Lawsuits , More … Find the Right Lawyer for Your Legal Issue! Fast, Free, and Confidential Choose a Category » Auto Accident Injury Criminal Defense DUI Bankruptcy Personal Injury Real Estate Immigration Family Law Divorce Child Support Prenuptial Employment Workers Comp Copyright Traffic Civil Law Wills Elder Law Call us today for a free consultation (855) 466-5776 Need advice about Personal Injury Law? This section of FreeAdvice’s award-winning site contains a wealth of legal information regarding defective products, property damage, libel and slander, various injury cases, toxic chemical injuries, pain and suffering damages, asbestos, and much more. Click the links on this page for the answers you need. Personal injury law covers many different situations and provides the opportunity for an injured person to sue another person at fault for those injuries. Personal injury law is often also referred to as tort law and cases are handled in civil, rather than criminal, court. A person may face both civil and criminal charges for the same action, but the key differences include a lesser burden of proof in civil cases and the fact that civil penalties usually take the form of money damages paid to the injured party. Types of Personal Injury Cases There are many different types of personal injury cases. Just a few examples include medical malpractice claims, car accident claims, defamation or libel claims, intentional tort claims, dog bite claims, slip and fall or premises liability claims and toxic tort cases. All of these different cases seem as if they have little in common, but they do: the common thread is that there was a legal duty breached and that the breach caused harm. Proving a Personal Injury Claim When a plaintiff wishes to prove a personal injury claim, he will need evidence specific to that type of claim. For instance, a medical malpractice tort requires the testimony of an expert witness explaining how the doctor provided care at a standard below that which a physician with his experience and background should have provided. A car accident claim, on the other hand, may involve presenting witnesses to the accident or the testimony of an accident reconstruction expert to show how the actions of the driver fell short of what a hypothetical reasonable driver would do. However, while there are significant differences in exactly how things are proven. In general, every personal injury claim requires a plaintiff to prove that more likely than not (i.e., by a preponderance of the evidence ) that: A legal duty existed. A legal duty means that the person has a legal obligation to act with a certain level of care and caution. Everyone has a duty to act with reasonable care anytime they act in a way that might foreseeably harm another person. For example, all drivers have a duty to other drivers to behave reasonably careful when operating their vehicles. The legal duty was breached. This element is typically proven by comparing the defendant's behavior to reasonable person. If the defendant didn’t use as much caution as a reasonable person would generally have used, the defendant probably breached the duty of care. In other cases, like product liability claims or medical malpractice claims, different standards are used. The breach was a direct/proximate cause of harm. In other words, whatever the defendant did either directly caused the injury to the plaintiff, or was a factor in whatever caused the injury. For example, if the defendant drove his car into a sign which later fell due to instability resulting from the impact, hitting the plaintiff, the defendant is said to have proximately caused the plaintiff’s injuries. There was harm. This involves proving damages, which may include medical costs, lost income, and damages for pain and suffering, among other types of damages. A defendant doesn't have to disprove these things to win his case, although he certainly can. Simply asserting that the plaintiff didn't prove these elements may be enough to allow the defendant to win. Damages A plaintiff who is successful at making a personal injury claim is generally entitled to past and future medical costs, lost income, ...