Have you ever heard the term “wrongful injury”? It sounds like some gigantic legal terminology, but in simple terms, it describes a situation when an individual suffers at the hands of another person. It basically implies responsibility on the part of a person for causing others harm. So, let’s break down what this really means and how this works in the United States.
What is Wrongful Injury?
Wrongful injury is one aspect of the tort law. It describes an instance where there is a loss or an injury incurred owing to negligence, or as a result of a wrongful act perpetrated by a person upon another. The most common example of wrongful injury is when there is a car accident that has taken place due to not paying attention while driving. To this effect, he/she can claim damages for his medical bills, lost wages, and pain and suffering.
Types of Wrongful Injuries
There are many types of wrongful injury claims; each is subject to a special set of laws and rules. Some of the most common ones are listed below.
01. Negligence: This is the most frequent kind of wrongful injury. It occurs when a person fails to conduct himself with reasonable care, leading to an injury. For example, if a store owner does not wipe up a spill, then he/she can be held liable for an injury under those circumstances.
02. Intentional Torts: An intentional tort is an action taken with the intent to injure. For instance, if one person hits another in a fight, the victim can immediately seek compensation in a court of law for his injury.
03. Strict Liability: Here, a person may be held at fault for an accident that may be without fault. For example, when a person gets injured by a defective product. a manufacturer will be held liable even when he/she did not know that his product was harmful.
Proving a Wrongful Injury Case
To win a wrongful injury case, the injured person (the plaintiff) usually needs to prove four things:
01. Duty of Care: The person who injured them (the defendant) owed a duty of care, meaning a responsibility to act in such a way that they would not cause harm. For example, drivers have a duty to obey traffic laws.
02. Breach of Duty: The defendant breached that duty. If a driver runs a red light, he breaches his duty of care.
03. Causation: The injury was directly caused by the actions of the defendant. It simply means that if the defendant acted differently, this accident would not have happened.
04. Damages: The victim actually suffered some sort of damage, whether in the form of physical injury, emotional trauma, or monetary losses.
What to Do if You’ve Been Injured
If you find yourself injured due to someone else’s action, here are some steps you could take:
01. Admit Yourself to the Hospital: Above everything, it is your health that truly matters. Go to the hospital, no matter how minor the injury may appear.
02. Document Everything: Take photos at the scene, document witness contact information, and keep a record of your medical treatments. All those things could be super important in building up your case.
03. Report the Injury: If the injury occurred at a business, report the incident to the owner or manager. Get a copy so you can have one for yourself.
04. Consult with a Lawyer: A personal injury lawyer will be in a position to explain your rights and the course of action available to you. They can take you through the process and help you seek compensation.
The Importance of Timeliness
Every state has its time limit, or statute of limitation, on when a person can file a wrongful injury claim. The length of time varies, but the sooner you act, the better. If you wait too long, you will be barred from claiming compensation for your injuries.
Conclusion
The gist of the law of wrongful injuries is to protect the person getting injured due to a wrong action perpetrated by another person. Most likely, knowing your rights and steps toward what happens after an injury may make it easier for you to go through the process. Consider that if you have been harmed, you do not have to be alone. Take help and steps that would protect you.
