Personal injury law is designed to compensate one for damages suffered as a result of another’s acts or failures to act. Unfortunately, people are injured everyday due to intentional infliction of harm, negligent actions, and failure to comply with governmental mandates related to public safety.
Every tort claim regardless of its basis (i.e., intentional, negligence or strict liability) has three primary issues: liability, damages, and recoverability. As for liability, it is possible for multiple parties to held liable for the injuries one suffers. For example, in a car accident, potential liable parties include car part manufacturers who failed to consider one’s safety, other drivers who negligently operated their respective vehicles, and public entities that are responsible for the design or maintenance of the roadway. As for damages, one can seek compensation for not only special damages such as medical expenses, lost income, or property loss, but also for general damages, including physical pain and suffering, emotional distress, loss of enjoyment, or loss of consortium. Furthermore, in egregious circumstances, one can pursue punitive damages to punish the responsible parties and to deter similar conduct. Finally, and often overlooked, is the critical question of whether one’s damages can be recovered from the liable parties. Thus, it is imperative to investigate early on all available sources of recovery for the losses suffered, including any and all insurance policies and financial assets.
L&K attorneys are prepared to seek full compensation for those who have suffered, or is still suffering, harm as a result of motor vehicle accidents, pedestrian accidents, bicycle accidents, products liability, premises liability, battery, sexual assault, or elder abuse and neglect.