You’ve been injured, but do you have a personal injury case? After an accident, many wonder if they’re entitled to receive financial compensation for their injuries. What’s the difference between an injury and a personal injury case?
When attempting to determine if you have a valid personal injury case, you should first consider the basic definition. A personal injury lawsuit is a civil lawsuit brought by an injured person against the person or entity that is responsible for the injury or injuries. The lawsuit is brought in an effort to recover financial compensation for the injury or associated loss/es.
Even in situations where a serious injury occurred, there may not be a valid basis for a personal injury lawsuit or personal injury claim (making a claim directly to the insurance company without filing a lawsuit).
- Did you suffer a personal injury? A personal injury can be physical or psychological. Examples of personal injuries include: broken bones, burns, social anxiety, depression, insomnia, etc.
- Were your injuries caused by someone else’s (or some other entity’s) negligence? In order to file a personal injury lawsuit, your injury must be the result of another person or another entity’s careless behavior. This person or entity, whose negligent actions resulted in your injury, will usually be held legally responsible or liable. Negligence is legally defined as the failure to behave with the level of care that a reasonable person would have in the same situation. The plaintiff in a personal injury lawsuit must prove negligence in four areas in order for the lawsuit to be successful: duty, breach, causation, and damages.
- Do you have recoverable damages? Damages is a legal term for a sum of money awarded to a person to compensate them for an injury or loss. The injury suffered must be a personal or financial harm that can be remedied by money damages/financial compensation.
The answer to these three questions must be yes in order to consider filing a successful personal injury lawsuit. Once you verify that you have the opportunity to file a personal injury lawsuit, there are a number of factors that will affect the outcome.
If you would like to discuss whether or not you have a viable personal injury lawsuit or if you need helping filing a personal injury lawsuit seeking recoverable damages, please get in touch with one of the experienced personal injury lawyers at Aronow Law PC today.