What is Personal Injury Law?
Encompassing all civil lawsuits brought on by wrongful conduct, Personal Injury Law is one of the largest sectors of the legal industry. Personal injury cases do not involve the government prosecuting the wrongdoer; in contrast, they involve a plaintiff seeking compensation from the defendant, usually in the form of money.
Personal injury cases can be the result of any number of situations, including car accidents, workplace accidents, construction accidents, etc. The usually revolve around two general principles: negligence and liability.
At Williams, Meservy, and Lothspeich, LLP, we’ve handled personal injury cases that span the entire spectrum of wrongful conduct. We will work to ensure you are compensated for your injuries and to hold those parties responsible for the damage. Reach out to us today to schedule a consultation with our team of professional to see how we can assist you with your case!
The majority of personal injury cases revolve around negligence. In the simplest terms, negligence calls for every citizen to avoid putting those around them at risk and to act responsibly to ensure the safety of others. To establish negligence in a case, the plaintiff must show that a reasonable person would have acted differently than the defendant under similar circumstances.
Not every accident is caused by negligence. In certain cases, the accident may have been unavoidable. Before making a decision, though, speak with our team at Williams, Meservy, and Lothspeich, LLP to understand what your options are.
Unlike negligence, strict liability assumes the defendant did everything possible to avoid inflicting harm. In cases where a defendant is held strictly liable, the accident usually occurs during a highly dangerous activity. Even if the activity is legal and all safety measures were taken, a defendant can still be found strictly liable for an injury to a plaintiff. This tort is generally used in cases that involve hazardous materials and building demolition.
Another common tort in personal injury cases is accidents involving defective products. In these cases, manufacturers are held liable for injuries caused by faulty products. Whether it is a design flaw, a certain material used in production or unsafe packaging, a manufacturer can be sued for negligence or under a strict liability theory. These cases also have the ability to turn into large class action lawsuits with many plaintiffs.
In some personal injury cases, understanding who is at fault can be difficult. Sometimes it happens that the defendant isn’t known – such as defective products cases – and other times the defendant may not have the resources to cover the cost of the injury.
The team at Williams, Meservy, and Lothspeich, LLP can help you identify additional defendants to ensure you are compensated to the full extent. Our group of experienced attorneys will go above and beyond to establish all the damages inflicted upon you and to identify the parties responsible.