Finding yourself injured in an accident is a troubling experience, but it’s only made more frustrating when someone or something else was the cause of that accident. If you have been injured as a result of negligence on behalf of another person or an organization, you may have grounds to file a personal injury lawsuit. Learning everything there is to know about this type of legal suit can help you determine if you should reach out to an injury attorney.
What Does Personal Injury Refer To?
Personal injury is a form of law that is designed to protect an individual if they or their property is injured or damaged as the result of someone else’s actions or a failure to take action. Generally, when a person suffers personal injury, they file a personal injury lawsuit against the person who is responsible for their injuries. The goal of this filing is to secure compensation to cover their losses resulting from the injury.
Is A Personal Injury Lawsuit The Same As A Bodily Injury Claim?
In some cases, people get confused when looking at personal injury lawsuits vs. bodily injury claims as they consider their options after an accident. While a personal injury lawsuit occurs in a court of law and is a civil lawsuit of one party against another, bodily injury claims are insurance-related and dealt with by insurance companies.
You may receive a payout from an insurance company but realize at a later date that there were underlying injuries not covered by this claim. In this situation, filing a personal injury lawsuit may provide you with the compensation you seek.
4 Things To Understand Before Filing A Personal Injury Lawsuit
Filing a personal injury lawsuit can be tempting, but it is a decision that should not be made lightly. When you undergo a personal injury lawsuit, you will be required to prove four things in a court of law if you hope to win your case. Learn what each of the following mean and speak with your attorney if you are unclear on each or have additional questions:
1. You Need To Prove The Defendant Had A Duty Of Care
First and foremost, you will need to prove to the court that the person or group you are accusing of causing your injuries had a duty of care towards you. This simply means the person has a legal obligation to not act in a manner that could cause harm towards you or others. For example, if you were struck by a driver of a vehicle while legally crossing the road, that driver had a duty of care to not injure you.
2. You Need To Prove The Defendant Violated Their Duty Of Care
Second, you will need to prove that the person or group you are accusing of causing the injury violated their duty of care. In the scenario outlined above, if the person driving ran through a red light and struck you while you were legally crossing, they will have violated their duty of care by acting recklessly on the road.
3. You Need To Prove The Defendant’s Actions Caused Personal Injury
Third, you need to make a case that the defendant’s actions directly caused the injuries that you suffered. In most cases, this is done by first looking at the actual accident itself and seeing if any obvious injuries were apparent at the scene. Afterwards, a medical examiners opinion could be used to make a case for if the injuries resulted from the accident.
4. You Need To Prove Your Personal Injury Justifies The Compensation You Seek
Finally, you need to prove that your personal injuries justify the level of compensation you are seeking if you have requested a certain amount. Record retrieval is crucial to achieve this. By gathering medical records, documentation of the accident, witness statements, and other relevant evidence, your chances of receiving the compensation you deserve are much higher. If, for example, your medical and psychological damages amount to $10,000 but you are requesting $100,000, you are far less likely to have your case be as successful as you hope.
Assuming you can prove all of the above points, you will have a stronger likelihood of winning your personal injury lawsuit. Reach out to an accredited attorney in your area who can assist you with developing your case.
The Bottom Line
Nobody wants to have to deal with acute or chronic injuries resulting from an accident, though they are sometimes unavoidable. Rather than dealing with the financial ramifications of treating injuries resulting from an accident that wasn’t your fault, consider reaching out to an accredited injury attorney for help developing a case.