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