How Do You Know if You Have a Personal Injury Case?

Personal Injury Lawyer

If you’ve been injured in an accident, you might be wondering if you have a personal injury claim. Not all accidents rise to the legal requirements of a personal injury claim. It depends on the situation and the laws in your state. Here are some things to keep in mind.

What Is Required For a Personal Injury Claim? 

To receive monetary compensation in a personal injury case, you’ll need show three different things:

1. You have to show that the responsible party was careless or negligent. For example, in a driving accident, this could be driving under the influence or running a stop sign and causing an accident.
2. You have to show that the negligence led to harm. Essentially, this means that the accident was caused by the negligence of the other person. In the above example, the driver ran the stop sign and ran into your car, which caused the accident.
3. You have to show that your injuries are compensable, which is a fancy way of saying that you lost money because of the accident. If your injuries were mild, you wouldn’t have a strong claim.

Proving Fault Can Be Difficult 

Most personal injury cases revolve around who was at fault for the accident. If you file a claim, you are responsible to prove that the other party was at fault. It gets even more complicated in states that use comparative or contributory negligence laws. In comparative negligence, you may be partially to blame for the accident or damages. For example, if you weren’t wearing your seatbelt, the defendant could argue that they shouldn’t have to pay for all your injuries. In states with contributory negligence laws, if you play any part in the cause of the accident, you can’t sue for damages. A personal injury lawyer who understands the type of case you’re dealing with can help you sort through the laws in your state to take the right steps.

Don’t Discount Your Case Based on Laymen’s Knowledge 

Your neighbor or best friend who isn’t a lawyer should not be advising you about your chances of getting a settlement. You should always go to a lawyer to get a full assessment of your personal injury claim. The law is complex. There are a lot of exceptions that could apply to your case. To find out if you have a case, contact a personal injury lawyer, like the office of The Law Firm of Frederick J. Brynn, P.C.