Personal injury claims can stem from various incidents, such as car accidents, medical malpractice, and slip-and-fall accidents. However, not all injuries lead to successful personal injury lawsuits.
To receive financial compensation, it is necessary to prove that the party responsible for your injuries had a responsibility to ensure your safety, failed to meet that responsibility and that this failure directly caused your injuries.
Suffered An Injury
You must have suffered an injury to be eligible for a personal injury claim. You see news stories of plaintiffs recovering millions of dollars in damages after car accidents or illnesses caused by chemical exposures. However, a slip-and-fall that leaves you with a sprain, pain, and suffering might not seem like much. You may be wondering whether you even have a case.
The answer to this question depends on several factors, including the nature of your injuries, what you did during the accident, and the facts surrounding the incident. If you need clarification on the legitimacy of your injury claim, seeking the advice of a lawyer who can review your case and provide guidance can be helpful. He can also discuss any available insurance policies and coverages you might have to pay for your losses. A law firm can hire financial and actuarial experts to help calculate your potential future expenses and the non-economic costs of your injury, such as pain and suffering.
Victim of Another Person’s Negligence
To seek reimbursement for your medical expenses, property damage, lost income, and any other costs, you must demonstrate that someone else was responsible for taking proper care of you or was legally obligated to do so. Then you must show that they breached this duty by failing to act as a reasonable person would under the same circumstances.
To pursue legal action for your injuries, it’s essential to prove that the other party’s actions or lack of action directly caused your harm. This is known as “proximate cause” in legal terms, and it means that their negligence was a foreseeable and direct contributor to your injuries. For example, if someone fails to stop at a red light and crashes into your car, this is the proximate cause of your injury. If you cannot establish these two elements, your claim will be barred by the statute of limitations, a time limit within which you must file your personal injury lawsuit. Each jurisdiction sets its statute of limitations.
Unlike criminal cases, personal injury lawsuits seek compensation for the victim’s financial losses. In a personal injury case, the victim must demonstrate two main things: (1) that the responsible party breached their duty of care, and (2) they suffered damages due to the accident or illness.
The most common type of damage is special damages, which cover out-of-pocket expenses such as medication, nursing and rehabilitation care, transportation to medical appointments, home and vehicle adaptations needed to support your condition, etc. These costs are often easily proven by providing receipts and bills.
General damages are more difficult to quantify and involve factors like pain and suffering, loss of enjoyment of life, and other subjective elements. This is why being honest and responsive to your lawyer’s requests for documentation is so important. The better the information you provide, the stronger your case will be. This includes supplying all relevant evidence, whether uncomfortable or embarrassing.
You Have a Lawyer
The lawyer can tell you whether or not you have a valid case, who is responsible, and how much financial compensation might be available. They can also help you get medical and other experts to testify on your behalf to support your claims for damages.
An excellent personal injury attorney will carefully interview you and read all the medical records relating to your accident and injuries. This will allow them to fully understand your accident and injuries, accurately estimate your losses and present a strong compensation case.
They will also be able to find out about the insurance coverage held by the at-fault parties and uncover harder-to-find payment sources for your losses. This step is vital to making sure your claim is appropriately valued and will be successful.
You should choose a lawyer that has a professional office, is punctual when meeting with you, and responds to your calls promptly. Ask potential lawyers about their experience and what happens if they lose the case.