In What Circumstances Can You Sue Someone For Injuries?

Posted July 29, 2024 | Personal Injury Blog

To sue someone for a personal injury, you usually need to prove the other person is legally at fault for your injuries. Often, this means proving that the person you are suing acted negligently and that his or her negligence caused your injuries. However, there are other situations, such as product liability cases, where proving the other person was negligent is unnecessary.

Personal injuries fall under the umbrella of tort law. These statutes allow people who have suffered losses because of the actions or omissions of others to pursue damages to make them whole again. In some cases, more than one person or entity may bear a measure of liability for your injuries, and you may choose to sue more than one party.

Whatever led up to your injury, a personal injury lawyer can advise you about your legal rights and the best way to pursue damages. This post will examine common situations that can lead to personal injury lawsuits.

Negligence

Negligence is the most common basis for personal injury claims. To sue for negligence, the plaintiff (injured party) must prove:

• Duty of care: The defendant (at-fault party) had a duty to act with a reasonable level of care toward you

• Breach of duty: The defendant’s negligent actions or omissions constituted a breach of that duty of care

• Causation: The breach of duty was the direct cause of your injury

• Damages: Your injuries caused you losses for which you are entitled to damages

Losses can include financial losses, such as medical expenses, lost wages, and damage to your property. They can also include non-economic losses, such as pain and suffering, loss of enjoyment in life, and disfigurement. 

Negligence in vehicle accidents

Motor vehicle accidents caused by negligent drivers are the most common types of negligence cases. These include motorcycle, truck, and pedestrian accidents. The driver may have acted negligently by speeding, making an unsafe left turn, driving under the influence of drugs or alcohol, or being distracted. 

Premises liability

Negligence is often a factor in premises liability cases, which applies to injuries that happen on other people’s property. The most common scenario is when someone slips and falls and sustains injuries caused by the negligence of the property owner or an employee. 

Intentional Actions

If another person’s deliberate actions cause you physical harm, you can sue that individual for damages. It’s important to note that the at-fault party does not have to set out to injure you. The intent is to commit the act which caused your injuries. 

Potential scenarios include:

• Prank gone wrong

• Physical assault

• Sexual assault

In cases involving willful or malicious conduct, Utah and Texas courts may award punitive damages in addition to economic and non-economic damages. Punitive damages are designed to punish defendants for their lack of regard for the rights of others and discourage further bad behavior.

Medical Malpractice

We expect to receive expert care from those in the medical profession. Yet, at times, some may breach their professional standards and cause injuries to patients. This is a form of negligence, and you have the right to sue for damages.

Depending on the circumstances, you may be able to sue the following:

• Doctors

• Nurses

• Medical facilities

In some cases, more than one party may be liable for your injuries. A personal injury lawyer focusing on medical malpractice can help you decide the best way forward. 

Strict Liability

In strict liability cases, it’s not necessary to prove intent or negligence to sue the person who caused your injuries. This is perhaps the most straightforward form of liability – because if you suffer losses, you are automatically entitled to sue the liable party.

Defective products

As an example, if you get injured by a defective product in Texas, you must prove the following:

• The product was dangerous when it entered the market

• The seller or distributor was aware of its defects

• Your injuries were caused by the defective product

However, in Utah, the plaintiff must only prove that the product was defective and that the defect caused the accident that brought about his or her injuries.

Dog bite injuries

If you get bitten by a dog, the dog owner may be strictly liable for damages resulting from your injury. In Utah, dog owners are liable whether or not they knew the dog was vicious.

However, in Texas, the laws around dog bites are different. The owner is not liable unless he or she knew the dog was dangerous or had the potential to be dangerous.

Never assume you do not have a case because of something you have heard or read. Instead, talk to a personal injury lawyer who can listen to your unique case and talk you through your legal rights.

Workplace Accidents

If you get injured at work and qualify for workers’ compensation benefits, you may not be able to sue your employer. You will most likely only be entitled to file a workers’ compensation claim, which could entitle you to medical benefits and lost wages. 

In most cases, the employer’s fault is not taken into consideration. However, before you assume you do not have the right to sue, talk to a workplace compensation attorney. He or she can listen carefully and probe your case to see whether there are any potential grounds for a lawsuit.

Wrongful Death

If a loved one loses his or her life due to the wrongful or negligent actions of another person, the surviving family members have the right to sue the at-fault party for compensation. State laws specify who can file a wrongful death lawsuit, and a wrongful death attorney can explain your rights and how to build a strong case for damages.

Seek Advice You Can Trust After an Injury

If you are in pain and distressed after suffering a personal injury, you may be confused about the way forward. Rather than going it alone, talk to an experienced and compassionate personal injury lawyer. 

At Fielding Law, we help accident victims fight for their rights and the damages they deserve to rebuild their lives. We will listen carefully to your story and discuss your rights to file a lawsuit. We can also discuss whether this is the best approach or whether a negotiated settlement would get you justice faster.

Do not suffer in silence. Schedule a free case evaluation to discover your rights to recover damages. Call Fielding Law at (877) 880-4090 or fill out our contact form, and we will get back to you very soon.