Personal Injury
Personal injury cases are commonly referred to as “tort cases”. Types of tort cases include automobile and boating accidents, asbestos and mesothelioma, product liability, wrongful death, dog bite cases, intentional injury (e.g., assault and battery), premises liability (e.g., slip and fall cases), legal malpractice and medical malpractice.
Terminology and Legal Analysis
Most tort cases arise when someone (the “tortfeasor”) engages in negligent behavior. Most insurance policies cover acts of negligence while excluding intentional acts such physical assaults. In order to establish a claim for negligence, a claimant typically must establish all of the following:
(a) a duty on the part of the tortfeasor to act with reasonable care
(b) a breach of that duty
(c) causation between the breach and an injury
(d) damages
Damages
Types of damages include past, present and future medical costs, loss of consortium, and pain and suffering. Damages may also include the diminution in the value of property, punitive damages, interest and attorney fees.
Insurance Coverage
One of the critical issues in any personal injury case is whether the injuries are compensable under an insurance policy. For general information relating to insurance coverage, please click here.
More Information
If you have a question relating to a possible or pending personal injury case, please send a direct message or call our office at (314) 725-4400. For more information on some of our recent cases, please visit our news page. We also have an FAQ relating to personal injury, class action, and other issues.