Because there are different types of personal injury lawsuits, these types of cases can become extremely confusing and frustrating.
To begin, a personal injury is an injury to one’s body, mind, or emotions. These types of lawsuits come about when a person becomes injured due to the negligence, carelessness, or recklessness of another individual.
During a personal injury lawsuit, you will probably hear a variety of terms that you do not fully understand. To help, we have provided some common words and definitions used throughout a personal injury case:
1. Duty of Care:
This is the responsibility and obligation to care for another in order to protect that person from unnecessary and avoidable harm. The level of duty can differ depending on the relationship between the two persons. For example, a doctor owes a different level of care to their patients than the owner of a construction company owes to their workers.
A breach occurs when a person fails to maintain their duty of care under the circumstances of their job or position. In a personal injury case, breach must be proven first, followed by proof that this breach caused injury or harm.
While “harm” may seem self-explanatory, in a personal injury lawsuit, a person must prove that their harm can be cared for through financial compensation.
This term refers to proving that breach is what caused a person’s injuries and harm. This must be established through evidence, medical reports, and more.
Have You Suffered an Injury Due to a Negligent Person?
If you have sustained injuries, emotional distresses, or mental damage, it is important that you seek experienced legal representation right away. At Habbas & Associates, our San Jose personal injury lawyers are passionate about providing fearless representation for those who have been wrongly injured. Whether you were harmed in the workplace or in a car accident, our team can help you pursue financial compensation.
Call our San Jose personal injury attorneys today for your obligation-free consultation!