Personal injury is a legal term that covers a wide range of claims arising from varying situations. Personal injury can occur from a motor vehicular accident, dog bite, slip-and-fall incident, assault and battery or other preventable circumstances. If you have suffered injuries because of another party’s action or failure to act, you might have a personal injury claim against them. But it is not enough to sustain damages. You must also prove culpability.
In Idaho, the statute of limitations for bringing a personal injury claim to court is two years. The injury or damages suffered should be because of the wrongful act or negligence of another.
Negligence is when an individual or entity did not fulfill their duties to others with reasonable care. Technically speaking, we all have a duty to the people around us. A driver has a duty to the people and property on the road. A property owner has a duty to visitors and guests to keep their property reasonably safe, thereby preventing premises liability claims. Negligence is also when a manufacturer intentionally or negligently does not test their products before selling them to consumers. They have a duty to their customers. Their products should not be defective.
When a party breaches their duty, and the breach of duty causes harm to another party, the injured party has a right to pursue a personal injury lawsuit to recover compensation for the damages. Accidents happen, but they should never send another person to the hospital or even to the morgue.
It is much easier to recognize the liable party when they intentionally hurt you. You would have to prove the person who injured you made physical bodily contact or did something to knowingly cause you harm. Assault and battery are criminal offenses, but you can decide whether to pursue a criminal or personal injury lawsuit against the perpetrator.
You can also pursue a personal injury claim by applying the principle of strict liability. In some personal injury situations, like dog bites, you would not have to prove the person breached their duty. The owner is strictly liable for the dog’s behavior.
The more you understand personal injury claims, the more chances you have of establishing a case and retrieving compensation for the damages the other person caused.