The David J. Cohen Law Firm, LLC continues to be the preeminent personal injury law firm in Pottstown, Pennsylvania and the surrounding area. We will make certain that your rights are protected and that you are in the best position possible to be made whole for the injury you suffered at the hands of another.
What is a personal injury claim?
A personal injury claim usually arises when someone suffers physical injury by way of an act or accident caused by someone else. For example, a pedestrian that is struck by an oncoming vehicle would likely have a valid personal injury claim against the driver of the car. While criminal charges are sometimes brought against the offender, a personal injury claim is a civil court lawsuit filed by the injured party against the person or people they claim are responsible. The likelihood of the civil lawsuit's success is largely dependent upon proving that the defendant was negligent in their actions which led to the plaintiff's injury.
What is negligence?
When it comes to a civil lawsuit, each and every person is considered to owe a responsibility to others to avoid causing harm. This responsibility is known as the "duty of care." Going back to the injured pedestrian example, in order for a successful outcome in the lawsuit, the pedestrian (plaintiff) would need to prove that the driver had a duty of care to be watchful of people lawfully crossing the street while driving. After establishing that the duty existed, the plaintiff would then need to prove that the driver did not uphold their responsibility to avoid harming others. This is also known as proving a breach of the duty of care.
What is negligence per se?
Negligence Per Se involves an act that violates a law that was enacted with the purpose of protecting people. For example, in the injured pedestrian scenario, if the pedestrian was struck by a driver who ran a red light, negligence per se would likely exist because it is against the law for a driver to run a red light and the reason for the law against running red lights is to protect people from injury.
If your personal injury lawsuit is based upon the existence of negligence per se, it is not necessary to prove that a duty of care existed and that a breach of that duty took place. Instead, merely proving that a law was broken and that the breaking of the law led to your injury should be sufficient for a successful outcome.
Hiring the right legal counsel
Personal injury claims are very nuanced and require the attention of a skilled lawyer. The David J. Cohen law firm prides itself on providing clients with top-tier case evaluation and will create a legal strategy that will put you in a strong position to receive justice for your injuries. Contact David J. Cohen Law Firm, LLC today.