Personal injury and negligence cannot be separated. They are linked together. Personal injury cases are based on negligence. Negligence is the grounds for the personal injury lawsuit.
It helps to define the two terms:
Personal injury is defined as harm to your body, mind, and/or emotions. It’s not an injury to property, although your property may have certainly been damaged when you were injured, as is the case with a car accident.
Negligence is behavior, usually linked to a person, but not always. A corporation, business, or government agency may also act negligently. Negligence is defined as the failure to behave with the level of care that an ordinary person would have exercised under similar circumstances. Negligence may arise because of the actions of a person, or because of that person’s failure to act.
Let’s consider a hypothetical example of negligence:
- A motorist is texting while driving
- Because they are texting, the motorist runs a red light
- You were traveling through the intersection on a green light
- The texting driver collides with your vehicle and you are injured as a result
Texting is the source of negligence. As motorists, we all accept the responsibilities that come with getting a driver’s license. That includes obeying traffic laws and conducting oneself carefully. Texting while operating a motor vehicle is illegal in Illinois and it’s careless. Therefore, because the motorist violated their duty of care, they acted negligently.
The victim who has been injured because of someone else’s negligence then has the option of filing a personal injury claim. These cases allow our attorneys to pursue justice and compensation on behalf of the injured. When a compensatory award is obtained, it may be calculated based on the following damages:
- Medical bills
- Loss of wages
- Pain and suffering
There may be other damages unique to your case.
How Do You Know If You Have a Case?
The only way to know for sure is to consult our experienced attorneys. We handle personal injury claims routinely and know what to look for when evaluating your situation. Your consultation is free, so you can learn more about your options without any risk.
To consult our experienced Columbia, MO, personal injury lawyers, please call Holder Susan Slusher LLC at 573-499-1700.