A person who wishes to file a personal injury claim must have grounds to do so. This essentially means that he or she must have a foundation, reason or basis upon which the claim is filed.
One cannot simply file a personal injury lawsuit without having a reason to do so, and an experienced Oklahoma City injury lawyer from our firm can work to review your case to determine what potential grounds exist for you to move forward with a lawsuit.
There are three primary grounds for personal injury claims
We have described these below, along with an example of each to further clarify what they mean:
Negligence is the most common reason for a personal injury claim. Negligence is defined as failing to act with proper caution or care under the circumstances. For example, when a person is driving a car he or she has the responsibility to pay attention to the road and other drivers and to obey traffic laws. Speeding, driving drunk or driving while distracted are all forms of negligence that may cause a car accident to occur. If a person is injured in that car accident, he or she may have grounds for a personal injury claim against the negligent driver.
A personal injury claim may also be filed if a person acts intentionally to cause harm. Assault is an example. If a person willfully attacks another with the intention of causing physical injury, this may give the victim grounds for a personal injury suit. The attacker may also face criminal charges.
There are some situations where a person or entity may be held responsible for another's injuries regardless of specific intent or negligence. Manufacturers, for instance, are required to produce products that are free from defects and that include proper warning labels and instructions. If a child is injured by a defective toy, the family may be able to file suit without having to prove specific actions or intent on the part of the manufacturer.
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