First off, let’s define a personal injury lawsuit. These cases primarily deal with an injured party (known as “the plaintiff”) and an individual, business or government agency (known as “the defendant”). Personal injury cases assert that the plaintiff’s injury was a direct result of the defendant’s actions.
Personal injury is a broad term, and relevant cases span from car accidents to medical malpractice. In all cases, the plaintiff’s injuries are caused by a breach of duty of care. Sometimes, that duty of care is simply providing a safe storefront. In others, a surgeon could fail to have the proper tools handy to stop an unexpected bleed.
Most common and cut-and-dry are car accidents. If you are rear ended by another vehicle, and have suffered injuries as a result, you likely have an excellent and easy to win case.
Legal terminology can be intimidating to personal injury plaintiffs. The following list is a breakdown of legal terms most important to a personal injury case. Feel free to use this as a guideline!
Duty of Care – Duty of care refers to the responsibility of the defendant to avoid harming others.
Negligence or Breach – In most cases, the plaintiff will try and prove negligence or a breach of duty of care by the defendant. Usually, this means that a defendant acted carelessly or failed to provide a safe environment. In other words, the defendant breached his or her duty of care.
Causation – Causation refers to the connection between the defendant’s careless actions and the plaintiff’s injury. In order for the defendant to be held liable for breach of duty of care, his or her actions need to have caused the injury.
Damages – When the plaintiff files a claim against the defendant, he or she usually seeks some form (usually monetary) of compensation. This compensation is known as damages. If the plaintiff wins the case, he or she gets to collect damages from the defendant.
So Do I Have a Case?
It is essential to show that the defendant’s negligence or breach of duty ultimately caused their injury. Depending on the type of accident, various reasoning and proof can show that the defendant breached his or her duty of care.
Here are a few examples of support for causation:
- A police report that shows some evidence of misconduct, be it a traffic violation, safety hazard in a building, etc.
- Eyewitness accounts
- Evidence at the scene (car damage, a broken step, etc.)
- Plaintiff testimony
Once it’s clear who’s fault the accident was, your injuries are what determines damages. If you’ve had life-changing injuries or required surgery, it’s likely you have a large case.
How We Can Help
Here at Uplift Legal Funding, we understand that the legal process can be very long and financially straining. Our ultimate goal is to provide you with much needed funding, in order to ensure your well-being and sanity throughout the process.
Applying is easy, so do it today! We are on your side.