Personal Injury

Personal  injury  is  a  broad  term  used  to describe  cases when someone is injured as a result of the negligence or gross negligence of another person or business.  Personal injuries most commonly arise from motor vehicle  and trucking accidents,  slip or trip and falls,  electrocutions, boating  or water sport  accidents,  and  dog bites. 

 

If you or a loved one has suffered a personal injury as a result of the carelessness or wrongdoing of another person, the attorneys at Donna B. Michelson, PA are here to help you. 

 

In order to hold the responsible party accountable in these cases, we work with our clients to gather facts and evidence to prove that the careless or wrongdoing party should be held liable for what happened. There are four elements, common to all types of personal injury negligence cases, that need to be proven:

  1. Duty: Individuals and organizations are generally required to exercise reasonable care in their interactions with the public or other persons.  For an injured party to establish that a duty exists, there must have been a relationship between the injured party and the careless party or the injured party must have been within the "zone of risk" of the negligent act.

  2. Breach of duty: Once a duty has been established, the injured party must then prove that the individual or organization breached that duty in some manner.  Breach of a duty can occur from doing something that a reasonably careful person would not do or from failing to do something that a reasonably careful person would do under like circumstances.  

  3. Causation: An injured party must demonstrate a direct link between the breach of duty and the injury.  There is a causal connection if the breach directly or substantially contributes to producing the injury.  Causation can also be established if the negligent conduct operates in combination with some other cause resulting in the harm. 

  4. Damages: In order to be able to recover compensation, evidence must also be presented that a party has suffered a quantifiable loss, injury or damage as a direct result of the breach.  

 

Proving  these  elements  of  negligence  can  be  difficult  for  a person  with limited or no legal experience and few resources. Our lawyers will be able to handle every aspect of these cases in an effort to secure maximum compensation for our clients.