Even if you are cautious and stay aware of your surroundings, you cannot always avoid accidents caused by careless people or entities. Fortunately, you have the right to file suit against anyone who harms you through a reckless, careless, or intentional act.
Whether you suffered devastating injuries in a motor vehicle collision or lost a loved one in a workplace accident, you should consider speaking with an experienced attorney from our firm. At Bordas & Bordas, we have won several notable personal injury cases against powerful companies, including Strope v. Honda, Clegg v. DaimlerChrysler, and Ankrom v. Walmart. A Wheeling personal injury lawyer could help you build a comprehensive case against the person responsible for your injuries and fight for compensation on your behalf.
The Basics of Legal Negligence in Wheeling
Most personal injury cases require the injured plaintiff to prove that the other party—the defendant—was legally negligent and therefore liable to pay damages. In the context of civil law, “negligence” has four components that must all be present for a claim to be valid.
Duty of Care
First, the defendant must have had an implicit or explicit responsibility to act reasonably toward you and keep you safe from preventable harm. This “duty of care” can vary widely depending on the circumstances.
For example, motor vehicle drivers are expected to follow traffic laws and refrain from driving aggressively. Medical professionals must meet an even higher standard of care specific to their area of expertise.
Breach of Duty and Causation
The next two elements of legal negligence are breach of duty and causation. You must demonstrate that the defendant breached the duty of care that they owed you. Additionally, you must show that the other party’s breach directly caused your accident.
To prove legal negligence, you must also show that the accident resulted in injury and compensable losses. A Wheeling accident attorney could offer crucial assistance in collecting and presenting evidence to prove all these elements in your personal injury case.
Recoverable Damages in a Successful Claim
Once you successfully establish negligence, you may pursue compensation for all your economic and non-economic losses. A qualified personal injury lawyer in Wheeling could help you seek recovery for damages such as:
- Emergency medical expenses
- Costs of future medical care, including prescription medications and rehabilitative services
- Lost wages while recovering from an injury
- Permanent loss of earning capacity due to a newfound disability
- Personal property damage
- Physical pain
- Emotional anguish, including psychological conditions like PTSD
- Loss of enjoyment of life
It is vital to assess all your potential losses to avoid undervaluing your claim.
Speak with a Wheeling Personal Injury Attorney Today
Personal injury law can be difficult to understand, especially if you have no experience with civil litigation. To get the most out of your potential claim, you should strongly consider seeking help from a legal professional.
Bordas & Bordas has achieved countless positive outcomes in cases just like yours. A Wheeling personal injury lawyer could be an essential ally in your fight to hold a negligent party accountable for their actions. Call us today to get started with your initial consultation.