What Is A Personal Injury Claim?

For purposes of a personal injury lawsuit, there are certain elements that must be present to make a claim viable. A personal injury case always begins when an individual has been injured and suffers a loss due to the actions taken, or sometimes not taken, by another. It must also be shown that the wrongdoer failed to exercise reasonable care under the circumstances.

Furthermore, proof must be established that the actions, or the lack thereof, were the proximate cause of the injury. These basic elements must exist for there to be a cause of action for personal injury or wrongful death.

Statute of Limitations

In order to preserve potential legal rights, contacting an attorney as soon as possible from the date of an injury or death is critical. All states have statutes of limitations, which prohibit bringing old claims for personal injury or medical malpractice under certain circumstances. However, even if a person was injured some time ago, she may still be able to bring a claim despite these laws.

Recovery of Damages

The law provides a civil remedy for recovery of damages for one who has suffered a personal injury by allowing the individual to seek just compensation for actual damages. In some instances, punitive damages are also assessed against the offending party, in addition to actual damages.

For more in-depth information on potential compensation and the laws relating to personal injury in Vermont, please see our Personal Injury practice area.