When you’ve been injured in an accident, one of the most important questions to answer is whether your case qualifies as a personal injury claim. In Bangor, Maine, and across the state, a personal injury case, or "tort," is a civil claim brought against an individual or entity whose wrongful conduct caused you harm. Unlike criminal cases, these civil suits aim to provide financial compensation for your losses.
What Qualifies As Personal Injury?
The Core Principle: Negligence
Most personal injury cases are based on the legal principle of negligence. This means that an individual or business had a duty to act with reasonable care, they breached that duty, and that breach directly caused your injuries. For example, a driver who runs a stop sign and causes a car accident is considered negligent, and a personal injury lawyer would work to prove this negligence.
Strict Liability and Intentional Harm
While negligence is the most common basis, other situations can also qualify as a personal injury. "Strict liability" holds a party responsible for harm regardless of their intent or care, such as a dog owner being liable for a dog bite or a manufacturer being responsible for a defective product. Intentional harm, such as assault or battery, also falls under personal injury law, allowing victims to seek compensation for their injuries.
Types of Injuries
Personal injury claims are not limited to physical harm. They can include a wide range of physical, emotional, and reputational injuries. This can cover everything from broken bones and head injuries to emotional distress and lost wages. A key factor is proving that the injury has caused significant harm, such as medical bills, pain and suffering, or a loss of earning capacity.
The Importance of Causation
To qualify as a personal injury claim, you must be able to prove that the at-fault party's actions directly caused your injuries. This requires gathering evidence like medical records, police reports, and witness statements. A skilled attorney will use this evidence to build a strong case that establishes a clear link between the defendant's conduct and your harm, which is essential for any successful claim.
If you've been injured and are wondering if you have a case, it's crucial to consult with a qualified professional. Contact a personal injury lawyer in Bangor to discuss your rights and explore your legal options under Maine personal injury law.