If you or someone you know has been injured by the careless actions of another, contact a personal injury attorney at our firm. We will look at the facts of your case and determine whether you have a legally valid claim, how soon you must act to preserve your rights, and the damages to which you may be entitled.

We may even be able to see if you may be entitled to some type of financial benefits before your lawsuit is even resolved. Additionally, in many personal injury cases, you owe no legal fees unless and until the defendant pays the damage award.

Personal Injury Damages

Personal injury lawyers can help ensure that their clients receive the damages to which they are entitled by law. Some of the items for which injured parties are legally entitled to compensation include:

• lost wages
  

• past and future medical expenses
  

• damages for both physical and emotional pain and suffering
  

• damages for disfigurement

Sometimes, a close family member of the injured person, such the spouse, may also be entitled to damages. This award is often referred to as loss of consortium damages, which is intended to compensate the loved one for the loss of the injured or deceased person's services and companionship.

Other types of damages that may be awarded, depending on the laws of the state where the lawsuit is brought and the facts of the case, include:

• Hedonic damages: may be awarded to compensate the plaintiff for the loss of enjoyment of activities that he or she once valued but can no longer participate in as a result of the injuries.
  

• Punitive damages: may be awarded when the defendant's conduct was particularly egregious and the court or jury determines that the defendant should be punished by paying an amount above and beyond the plaintiff's actual damages.

At Fenner & Boles, LLC, we help people get their lives back in order after suffering personal injuries.

Back to top

"Legal Causation" of Personal Injuries

Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. The plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries.

In other words, the plaintiff must present proof of causation, or cause and effect of the actions. For personal injury cases, both actual causation and proximate (legal) causation must be proven. Actual causation is determined by the direct link between cause and effect or outcome. Legal causation is determined by the facts and circumstances of the particular case.

In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant intentionally or purposefully harmed the plaintiff or knew that the conduct in which the plaintiff engaged gave rise to a substantial likelihood that harm would result.

Oftentimes causation is very difficult to establish. At Fenner & Boles, we work with clients to assess their losses, investigate the circumstances, and protect their rights.

Back to top

Negligence and Strict Liability

Some personal injury actions are based on a looser concept of fault called negligence. Under the negligence theory, a defendant is held liable for the results of action, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others.

Still other types of personal injury actions are based on strict liability, which is a no-fault system. No-fault means that liability may be established regardless of the fault of the various parties, including the plaintiff.

Strict liability may be applied in products liability cases. This is when a manufacturer or seller of a defective product puts that product into the hands of consumers, resulting in injury to the users of the product.

The attorneys at Fenner and Boles have the experience to navigate these cases through to completion.

Back to top

Defenses to Liability in Personal Injury Cases

In some situations, the defendant's conduct, while questionable, may not give rise to damages. If, for instance, a plaintiff knowingly and willfully chooses to encounter a known hazard, then the law provides that he or she has assumed the risk of injury. Therefore, the defendant should not be liable.

For example, the assumption of the risk theory may apply in a case in which the plaintiff engaged in a friendly game of tackle football and another player broke his arm. In such a case, the plaintiff may be unable to recover for his injuries because he knew of the risks inherent in the game and willingly chose to participate.

Anticipating the defendant's strategy is key to winning a personal liability case. At Fenner and Boles, we are experienced in the possible defenses to personal injury claims:

• Statute of limitations. Statutes of limitations are laws setting forth the period within which the lawsuit must be initiated
  

• Sovereign immunity. Sovereign immunity provides that certain government officials are immune from civil liability for their official conduct
  

• Intentional misuse. Injuries caused by a plaintiff's intentional misuse of a product may be a defense to liability in a products liability case
  

• Contributory or comparative negligence. Contributory or comparative negligence exists where the plaintiff's own conduct caused or contributed to his or her injuries

Back to top

A personal injury lawyer can explain these and other defenses and determine whether they apply to a particular case. If you have been injured, talk to the attorneys at Fenner & Boles, LLC. We will listen to your experience, explain your rights, and help you get the compensation you need for full recovery.