Personal Injury

The term “personal injury” encompasses many types of injury a person might suffer. These include automobile accidents, farm accidents, falls on sidewalks and stairways, dog bites, assaults, etc. Product liability cases are similar, but in these cases the injury is caused by a defective product; a toy, a seatbelt, a corn picker, etc.

There are two matters which must be proven in a personal injury case: liability and damages. It must first be established someone is liable for your injuries. If this is done, the next step is to prove your damages. Liability is assessed against the party at fault.

Damages may involve compensation for destruction of property, loss of use of property, pain and suffering, medical expenses, loss of income, loss of future income or income earning capacity and future pain and suffering. A spouse of an injured person may recover for loss of "society and companionship." Damages must be proven with specificity. A jury cannot speculate about damages. Damages must be proven and supported by facts in evidence.

Any person who pursues a personal injury claim should be prepared for and anticipate a trial. This makes you a better and more thorough aide in the assembly of settlement and trial data. Fortunately, however, most cases are settled without trial, but usually only after long and protracted negotiation. This should not dishearten the client. Often it is in the client’s best interest that settlement be delayed as long as possible so as to better determine the long term prospects for recovery.