Personal Injury Lawyer
If you were recently injured in an accident, you may be able to file a personal injury lawsuit. While some people believe if they suffered any injury, they deserve compensation, this is not always the case. Some guidelines dictate who can file a personal injury lawsuit, can explain. Here are two questions to ask yourself if you think you may have a personal injury case.
Who Caused the Accident?
If you are in an accident, you can only file a personal injury lawsuit if someone else is at fault. For instance, if you were the one to cause an accident, you may have to pay a settlement, rather than file a claim against the other party. If the other party is at fault and acted carelessly, then you may have a case.
When it comes to negligence, the person had to breach his or her duty of care. For instance, in the case of a car accident, everyone has a duty to other vehicles on the road. Drivers must follow the regulations to keep others safe.
Did You Suffer an Injury?
To have a personal injury case, you have to suffer an injury. Some people mistakenly think that if a person puts them in danger, they automatically have a personal injury case. For example, if a car runs a red light and narrowly misses you in the crosswalk, the driver did put your life at risk, but you weren’t injured. His or her negligence could have caused serious harm, but you do not have a personal injury lawsuit.
There are instances in which someone’s actions could have resulted in severe injuries. If you are lucky and there were no injuries, then you do not have a case. However, if you suffered an injury or if your property was damaged due to the other person’s actions, you would have grounds to pursue legal action. An injury needs to have a value high enough to make a claim worth it. For instance, if you were hit by a bicycle but only suffered minor bruises, it may not be worth filing a personal injury claim against the bicyclist.
Personal injury law can be complicated. If you are unsure if you have a case, consider contacting a personal injury lawyer as soon as possible. He or she can sit down with you, examine the facts of your case, analyze the evidence and determine whether you have a solid personal injury lawsuit.