Personal Injury Lawyers - Seeger Weiss Law Firm
Personal injury lawyers help individuals who have been harmed by wrongdoing of others. The harm caused by others falls under tort law. Personal injury lawyers use tort law as a means of seeking compensation for victims from those who are legally responsible.
Generally, personal injury lawyers use tort law to determine if the person responsible used a reasonable “standard of care” to prevent the harm. Injury or harm is broadly defined and can be accidental or intentional. The job for personal injury lawyers is often most complicated in situations dealing with harm that was inflicted on others accidentally. In such circumstances, lawyers must show that the personal injury was the result of negligence.
Negligence
Negligence is a type of tort where another person is culpable for failing to do what a “reasonable person” would to protect another from foreseeable harm. In such cases, personal injury lawyers use civil litigation to obtain compensation for the resulting harm. In every negligence personal injury case, the elements of duty of care, breach of duty, causation, and damages must be shown.
Duty of care is premised on the biblical idea to “love thy neighbor” and like requirement to “not harm thy neighbor.” As a result, lawyers in personal injury cases function with the principle that individuals are obliged to each other to foresee and prevent harm.
Breach of duty is when an individual exposes another to substantial risk of loss. Personal injury lawyers make the case that the defendant failed to prevent harm in a situation that any reasonable person would have realized imposed risk. If the risk was not reasonably foreseeable, then the personal injury and damage would not be construed as negligent. Rather, in reasonably foreseeable situations lawyers claim that “reasonable care” was not taken by the defendant to prevent personal injury to the victim.
Causation refers to proof presented by personal injury lawyers that particular acts or omissions by the defendant caused loss or damage to victim. In court, the personal injury lawyers show that the victim’s injury occurred as a result of the breach of duty by the defendant. The court will evaluate causation by hearing arguments by lawyers concerning the ability of the defendant to have foreseen and avoided bad events. Personal injury lawyers argue that a “proximate cause” existed between the defendant’s negligence and victim’s harm. The more a proximate cause is shown, the easier it is for personal injury lawyers to seek compensation for the value of the caused harm.
The harm has to include “pecuniary loss.” Pecuniary loss is necessary in order for personal injury lawyers to call for compensation from the defendant. Demonstration of pecuniary loss opens the door for the plaintiff’s personal injury lawyers to also seek compensation for damages from non-pecuniary injuries such as emotional distress.
As soon as the existence of pecuniary loss established, the value of the damages needs to be quantified in order to compensate the victim. Personal injury lawyers quantify the monetary value of damages following the principle of restitution in integrum, a Latin phrase meaning “restoration to the original condition”. This principle is applied with a “reasonable person” standard. The goal of damages is to restore the plaintiff’s actual loss. Only in unique circumstances will personal injury lawyers seek punitive or exemplary damages. Punitive damages are less common and are obtained in egregious cases of intentional malicious wrongdoing.
Seeger Weiss LLP’s Personal Injury Lawyers
Personal injury lawyers are experts in the specifics of tort law seeking remedy for victims of wrongdoing of others. The legal injuries caused in such cases require skilled legal professionals keenly aware of how to seek compensation for damages from those who are liable for the harm they inflicted on others.
The personal injury lawyers at Seeger Weiss LLP are respected experts in tort law and will help victims receive fair compensation for damages. Seeger Weiss LLP’s lawyers are eager to assist in personal injury cases. If you have been a victim of negligence caused by others, and have suffered loss as a result, please contact the personal injury lawyers at Seeger Weiss LLP.
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