What is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal action that is brought by someone who has been injured by another person. The majority of civil litigation and negligence cases consist of personal injury lawsuits.
Do I Have a Case?
State laws regulating accidents will help you determine if you can sue for personal injury. Typically, grounds for a personal injury suit will depend on the kind of accident, the location, and a few other factors.
If you or a loved one has been injured due to another’s carelessness and negligence, you may be wondering if you have grounds for a personal injury claim. In order to recover monetary compensation in a personal injury suit, you must be able to prove three key things:
- The responsible party was negligent. For example, if a driver crashed into another driver because he or she ignored a stop sign, the driver, according to the law, would be considered negligent.
- In addition, the person’s negligence had to be the cause of the personal injury. For example, if the victim sustained a broken arm as a result of the crash, the at-fault driver’s negligence would be considered the cause of the personal injury.
- The injury must also have resulted in “harm” known as compensatory damages. Compensatory damages are damages for which the injured party can be compensated. For example, if the victim’s broken arm resulted in medical bills, lost wages, and/or pain and suffering, the injury would have resulted in compensatory damages.
When it comes to determining if you have grounds for a personal injury lawsuit, start by evaluating whether a clearly defined harm has occurred. In most cases, harm must be provable, such as photographs of the injury and medical records. Some harm is more difficult to prove, like emotional distress. The more clearly you prove harm, the stronger the chance you can make and win your claim.
In addition, it is important to remember that no matter how you were harmed, the individual whom you are suing must owe you a duty. This means that the person did something that caused you harm or avoided doing something to prevent the harm from occurring. According to law, all drivers owe other drivers and pedestrians the duty of reasonable care while driving. If a driver is acting in a negligent manner, such as distracted driving or drinking and driving, he or she is not exercising that duty of care.
If you believe that you have grounds for a personal injury suit, it is important that you speak with an experienced personal injury attorney. Your attorney can help you determine if you really do have grounds for a suit, and can also help you build a solid case by gathering the right type of evidence to support it.