Virtually all of us can recall a situation where someone has been injured by the carelessness (legally termed negligence) of another person(s).

The usual situation occurs when an entity of some sort (which can include a person(s), private business, service provider, the City or its subdivisions, etc.) owes a duty of reasonable care to an individual(s) and the entity’s act (or failure to act where a duty existed) causes the individual to sustain quantifiable physical, emotional, and/or economic injury (actual damages).

There are four elements in a negligence action and it is the plaintiff’s burden to prove each element by a preponderance of the evidence.

Enlisting an attorney’s assistance in pursuing a personal injury action is absolutely essential. The process (beginning with the filing of a summons and complaint in the appropriate court) is often drawn out (it could take months to years from inception to conclusion), adversarial, and involves complex manifestations of legal doctrines.

Personal injury cases can include an extended period of discovery (an exchange of papers between the parties), court appearances (including pre-trial conferences), and depositions (commonly called examination-before-trials).
 

 

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