The CDC reports hundreds of thousands of deaths from unintentional injury in the U.S. every year, making it the leading cause of fatalities among people ages 1-45 years old. Millions more suffer serious nonfatal injuries, which often require hospitalization for treatment.
The financial implications of a serious injury can be staggering. In 2019 alone, the CDC estimated the total economic cost of injury to be $4.2 trillion, factoring in not only medical expenses but also missed wages and the value of statistical life and quality of life losses.
Many injuries are simply the result of accidents. They can occur due to acts of nature, honest mistakes, or other unavoidable factors. Other accidental injuries are self-inflicted. But many injuries result directly or indirectly from impermissibly negligent, reckless, or intentional behavior. These are the personal injury cases we handle.
No one should be forced to shoulder the financial burden of an injury alone, if someone else’s carelessness is to blame. Our legal system enables us to file civil claims seeking coverage for the tangible and intangible costs of our clients’ injuries.
Success in these cases depends on establishing fault. To do so, plaintiffs must prove that the following conditions were present:
- That the defendant had a legal duty of care
- That there was a breach of that duty by the defendant acting negligently or recklessly or by failing to act
- That the defendant’s negligence was the direct or indirect cause of the plaintiff’s injury
- That due to the injury, the plaintiff suffered damages such as medical costs, loss of ability to work, an inability to return to normal life activities, and emotional distress
These elements form the basis of all personal injury lawsuits. At the Law Office of Scott R. Herndon, we provide free consultations to all potential clients during which we evaluate the details of their injury case. Call today to work with a Berkeley personal injury lawyer.