Herbert W. Auger Personal Injury Law Blog on Lawyers.com

Do All Personal Injury Cases Involve Personal Injury?

Wednesday, July 8, 2009 by Herbert W. Auger

This question can best be answered by looking at the legal elements of a personal injury case, also referred to as “negligence claim.”  There are four basic components to a negligent/personal injury case:

  • Duty (was there a duty of reasonable care)
  • Breach of Duty (was that duty breached or broken)
  • Causation (did the breach cause damage)
  • Damages (is there actual injury to person or property)

If all four of these elements are present, then there is a viable Charlotte personal injury claim.

Now to address the question, do all personal injury cases involve personal injury? A plaintiff in a personal injury claim must show damages, which means a legally recognizable harm. There are several different types of damages including:

  • Bodily or physical injury
  • Injury to reputation (slander or libel)
  • Injury to property
  • Economic injury (medical expenses and lost wages)

Emotional distress should also be considered when evaluating your damages because all too frequently emotional distress will occur after the accident and it may have a negative impact on your daily life. The reason behind awarding damages is to return the injured person back to the position he was in before the injury. It is important to note that actual damages are required.

Only an experienced Charlotte personal injury attorney should evaluate your injuries as damages. And a qualified personal injury attorney should be by your side throughout the course of your case.  If you or someone you know has been injured in an accident or through the fault of a third party, you need to protect your legal rights. Always ask questions before you retain a lawyer, knowing that your damages will be an integral part of your case.

This article was provided for by the law firm of Auger & Auger, 704.315.2589, www.augerlaw.com

Auger and Auger
15720 John J. Delaney Dr, Suite 300
Charlotte, NC 28277

Posted at 10:56 AM
Topic: Personal Injury
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