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Personal injury law exists to help you recover after being harmed by someone else. But not just any injury qualifies for legal personal injury claims. There are several elements your personal injury lawyer will have to prove before you can receive compensation. To find out whether you have a case, you should talk to an attorney. But to help lay out the basics, Carey & Hamner, P.C. in Dothan, AL, has broken down the basic requirements.

The basis of a personal injury claim is how you establish that the defendant is liable for your injury. There are three different bases for this — negligence, intentional acts, and strict liability:

  • Negligence: This covers circumstances where the defendant had a legal responsibility to prevent your injury or the circumstances surrounding it. Everyone is responsible to exercise a reasonable amount of care in their everyday dealings, and there are also specific legal duties, such as those owed by homeowners to guests, which may be failed through negligence.
  • personal injuryIntentional Acts: If the defendant willingly did something which was intended to injure you physically or mentally, or was obviously likely to do so, this forms a solid basis for a personal injury claim. This can include straightforward situations such as assault and also cases such as false imprisonment where the harm is primarily psychological.
  • Strict Liability: This is a special case in which you are injured by a product which was badly designed, making it dangerous even when used as intended. Manufacturers are under the legal obligation to test their designs and ensure they are reasonably safe; when a manufacturer fails in that duty, they are liable for your resulting damages.

If you have been injured and believe you have a basis for a personal injury claim, contact a personal injury lawyer at Carey & Hamner, P.C. today. You can reach them at (855) 435-4797 or contact them online.

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