Criminal Lawyer - Find Attorneys in Over 70 Practice Areas

Personal-Injury-Defense

What should you do if you are being sued for causing personal injury?

There's been an accident and now you are being sued for someone else's injuries. Was it your fault? If you were liable, to what extent are you liable? How much will you have to pay? Personal injury lawsuits can arise under many different situations. There are different laws for different kinds of claims. If you are being sued, a personal injury attorney may be able to advise you as to whether you were legally at fault.

Wait, I have insurance...

Let's say you've been in a car accident; where does all that money that you've paid for car insurance go? There are some matters that you won't be involved in if you have insurance. If you have insurance, you may not have to deal with the lawsuit directly. Your insurance company has lawyers that will handle any lawsuits or settlements on your behalf. Of course, there are also situations when your insurance carrier won't come into play, or where your potential liability exceeds the limits of your insurance policy

Personal Injury Lawsuits

Most personal injury lawsuits arise under a claim of negligence. Under a negligence theory, there are several elements to prove a negligence claim. The injured party (known as the "plaintiff") generally has to prove that you owed him a duty; that somehow you violated or breached that duty; and that breach directly and through the natural course of progression of events caused the injury. This general theory varies depending on the situation itself as well as your relationship to the plaintiff. For example, a restaurant owner might owe more duty to a customer in his establishment than a homeowner would to a visitor.

There are also personal injury lawsuits that can arise from intentional actions, such as battery, slander, or other torts. These are obviously not matters of negligence, but the need for an attorney is still great. There may be affirmative defenses to some personal injury actions that you may be able to raise against such a claim.

So When do I Need an Attorney?

The reality of today's world is that you may be sued for almost any sort of personal injury. Accidents happen. While most people think of personal injury lawyers from the injured party's perspective, there are also lawyers who defend clients in personal injury lawsuits. If you are being sued, an attorney may be able to help you decide how to proceed.