Suing a Business for Personal Injury: Everything You Need to Know
Every day we visit business premises to buy goods or services. We trust that these businesses will care for us while we are on their property.
Unfortunately, business owners and employees sometimes fail to take the necessary precautions to keep visitors safe, and accidents happen. If you or a loved one has been injured due to the negligence of a business owner or employee, you may be wondering if you have a case.
This article will discuss everything you need to know about suing a business for personal injury.
We’ll cover the basics of personal injury law, what types of injuries are covered, and how to file a lawsuit. We’ll also discuss the litigation process, including discovery, depositions, and trial. Read on to learn everything you need to know.
Understanding the Concept of Negligence
The first thing you need to know is that personal injury law is based on the concept of negligence. To win a lawsuit, you’ll need to prove that the business was negligent in some way and that their negligence led to your injuries. There are four elements of negligence: duty, breach, causation, and damages.
To prove negligence, you’ll need to show that the business owed you a duty of care, they breached that duty, their breach caused your injuries, and you suffered damages as a result.
The first three elements are usually pretty straightforward. It’s the fourth element-damages-that can be tricky to quantify. To win your personal injury case, you’ll need to show that the business’s negligence led to quantifiable damages, such as medical bills, lost wages, or pain and suffering.
You won’t win your case if you can’t prove that the business’s negligence led to actual damages.
When Is a Business Responsible for Your Injuries?
As mentioned above, personal injury lawsuits are based on the concept of negligence. As the plaintiff, you will be required to prove that the business owed you a duty of care, and that duty was breached, causing injuries.
Typically, when you enter a business premise to purchase goods or services, the business owes you a duty of care to ensure you are reasonably safe while on their property.
For example, grocery stores must mop up spills in the aisleways, and hotels have a duty to ensure their pools are free of contaminants.
Businesses must warn their customers of any potential dangers on the property and take reasonable steps to protect visitors from injury.
If a business fails to meet these standards and you are injured due to their negligence, the business may be held liable for your damages.
What Types of Injuries Are Covered?
Personal injury law covers a wide range of injuries, including physical and emotional injuries. Some common examples of physical injuries that are covered by personal injury law include:
- Slip and fall accidents
- Car accidents
- Dog bites
- Medical malpractice
- Product liability
As for emotional injuries, they can be a bit more challenging to quantify. Some common examples of emotional injuries that are covered by personal injury law include:
- Anxiety
- Depression
- PTSD
- Loss of consortium
Again, it’s important to note that you can only sue for damages if the business’s negligence led to actual, quantifiable damages. You won’t win your case if you can’t prove that the business’s negligence led to actual damages.
Filing a Lawsuit
If you’ve been injured due to the negligence of a business owner or employee, you may be wondering how to file a lawsuit.
The first step is to contact a personal injury lawyer. Generally, personal injury law is complex, and it’s essential to have an experienced lawyer on your side to guide you through the process.
Once you’ve found a lawyer you’re comfortable with, they will help you gather evidence and build your case. This may include obtaining police reports, medical records, witness statements, and more.
If they believe you have a strong case, they will file a complaint on your behalf with the court. The complaint outlines your claim and the relief you are seeking from the court. It must be served on the defendant, and they will have a certain amount of time to respond.
The next step in the process is discovery. This is where both sides exchange information and conduct depositions.
In most cases, parties will enter into settlement negotiations at this point. During these negotiations, the involved parties will try to reach an agreement on the amount of damages to be paid as fair compensation.
The case will go to trial if a settlement can’t be reached. Both sides will present their evidence at trial, and a jury will decide whether the defendant is liable for the complainant’s injuries.
If the judge rules in favor of the plaintiff, they will also decide the amount of damages to be paid. The entire process, from start to finish, can take months or even years.
Can I Sue the Business If I Was Injured by a Customer?
In some cases, you may be injured by another customer of the business. For example, if another shopper attacks you at a retail store, you may be wondering if you can sue the store for your injuries.
The answer is maybe. While businesses have a duty to protect their customers from reasonably foreseeable dangers, they are not responsible for every customer’s actions. So, if the business could not have reasonably foreseen the attack, it may not be held liable.
However, if the business knew or should have known about the danger and failed to take steps to protect you, they may be held liable. For example, if the store knew that one of their customers had a history of violence but did nothing to prevent them from attacking other shoppers, the store could be held liable if someone is injured as a result.
If you’re not sure whether you have a case, the best thing to do is contact a personal injury lawyer. They will be able to evaluate the facts of your case and let you know whether you have a valid claim against the business.
Conclusion
It’s essential to remember that personal injury law is complex, and the above information is just a brief overview. If you’ve been injured due to the negligence of a business, the best thing to do is contact a personal injury lawyer. They will be able to evaluate your case and let you know what your options are.
