Personal injury laws in America protect the rights of people who have been hurt either intentionally, due to negligence or reckless behavior or action covered by strict liability. This can include injuries arising from assault or battery to a roof falling on your head while in someone’s house. The law provides for you to recover damages that arise from these injuries from those who had a duty of care and have now breached it. Personal injury lawyers Bismarck ND help in forming a case based on the injury suffered and initiate legal action to seek damages from the injuring party.
Personal injury can be tangible or even intangible. While cases like slipping and falling, wrongful death, and Police Misconduct amounts to personal injury, even injury caused to reputation by way of defamation, any emotional distress a person may face also amount to personal injury, and people suffering from it have a right to claim damages.
If you are wondering what else can you contact a personal injury lawyers Bismarck ND for, here are some more reasons why you might need one:
- Injuries caused that can be physical, mental, or reputational.
- Wrongfully caused: this injury is caused when the injurer has a responsibility in the eyes of the law or any legal entity to take sufficient measures to protect people but has failed to do so. Any injury arising from such a breach of care is said to be wrongfully caused.
- Product Liability: Injuries can arise from defective products if sufficient care is not given to produce or manufacture them. Consumers who use these products can face unintended injuries or harm. Injuries arising from defective products give rise to a strict liability that the manufacturer has. For such cases, the law holds the supervisor responsible and presumes a breach of care that has caused the injury.
- Injuries arising out of negligence can also be brought to the court of law. In these cases, the injurer was careless in their actions causing injury to another person.
- Reckless injuries can arise out of disregard for safety instructions and behaving recklessly. For example, drinking and driving or not bucking in seatbelts during dangerous rides in amusement parks.
If any of the factors exist in any situation and an injury occurs, the injured person has the right to claim damages for all the medical costs, the loss in salary or wages, and the mental anguish that arises from being in pain and on bed rest.
Personal injury law does not fall in the normal category of law. There is no written law that governs personal injuries as it falls under a special category called “tort laws”. Under this, an injured person has the right to file a civil lawsuit against an injurer to claim legal remedies in the form of “damages” to cover for any losses that occurred due to the accident or injury. The reason why seeking damages is important, is to compensate for the loss in time and money due to the disability arising from the injury that compromises a person’s ability to work.
In most personal injury cases, no two cases are usually the same. So, it is very unlikely that your case will take the same route that previous cases have. This is where a personal injury lawyers Bismarck ND comes into good use. The personal injury law firm Bismarck ND know the circuit well and understand the legal issues of all the cases very well. This allows them to make the best arguments and represent your case to the Judges in a manner that is most likely to end in a positive result.
There are some essential ingredients required for there to exist a personal injury claim.
- The accused has to have done something or omitted to have done something due to which the plaintiff got hurt
- There is a standard of care that the defendant has not undertaken thereby breaching their legal duty
Most of these cases are civil in nature, there is always a possibility for such claims to be settled outside of court for which, having personal injury law firm Bismarck ND is extremely helpful. At Ward K Johnson, licensed and skilled personal injury lawyers Bismarck ND can represent your needs at State and federal levels. Contact us Now.