You can count on the Law Office of Shari Lee Smith to help you get everything that you deserve when you've been injured through someone else's negligence. Whether an auto accident, medical malpractice, dog bite, or other cause, we will be with you every step of the way to make sure that you receive every cent that you're entitled to. Get help with medical expenses, lost wages and any other damages resultant from the occurrence.
When someone mentions personal injury law, they are referring to the legal remedies and defenses involved in civil lawsuits as a result of wrongful conduct. In fact, the word "tort" comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer.
Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant's position would have acted differently under the circumstances.
Some examples of negligence can include car accidents caused by drunk drivers, medical complications resulting from a physician's carelessness, and dog bites that occur when vicious animals are permitted to roam free. In each instance, the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.
Once this wrongful conduct or negligence has been established, the defendant must pay the plaintiff for all injuries incurred. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required. Punitive damages, meant to punish and deter particularly egregious conduct, may also be available.
When it comes to determining who is responsible in a personal injury case, it isn't always a cut and dry process. While it can be somewhat easily determined as to who performed the act, what happens when that person doesn't have the financial resources to pay a large judgment? In those cases, an experienced injury attorney can identify as well as sue additional parties who are liable based on their relationship to the guilty part, oft times an employer or landlord.
We have payment plans available for your ease and convenience. We do not require advanced attorney's fees.
Call today to discuss your personal injury case with a FREE consultation.