Do I have A Personal Injury Case?
Have you been involved in an accident and were hurt? Have you been in pain and lost time at work? Was the accident someone else’s fault? It isn’t always easy to decide if you have a personal injury case. So, what should you do?
First, ask yourself the following questions:
- Did you suffer a personal injury only or was there property damage?
- Were the injuries caused by someone else’s negligence?
- Can it be proven that the person who caused the injury is at fault?
- Do you have Recoverable Damages?
Personal injury is defined as a physical or psychological injury that affects our body, mind or emotions. For Example, if you were walking down the street and a window air conditioner fell on you, the resulting back pain and headaches would be considered personal injury. If you developed anxiety and depression they would also be considered personal injury.
Property damage is defined as an injury to real (i.e. real estate) or personal (i.e. your automobile) property. You cannot sue for personal injury if you don’t have a physical or psychological injury. But, if you have property damage you may be compensated for that property damage if the other person is found at fault.
Negligence is defined as failure to exercise the care that a person using good judgment would exercise in similar circumstances. For example, if you have the neighborhood children over to swim in the pool and you don’t watch them and one of them drowns (wrongful death) you can be considered negligent. That is because a prudent person would have monitored and watched the children to make sure that none of them were hurt. In order for a lawsuit to be successful, it must be shown that someone was negligent.
Recoverable Damages is a phrase used by the legal profession to describe a sum of money awarded to an injured person as compensation for their injuries or losses. Examples include physical and psychological pain and suffering, reimbursement for out of pocket medical bills, and lost wages (past and future).
Determining whether or not you have a successful personal injury case isn’t something most people can do on their own. That is a decision best left to qualified professionals. A good, personal injury attorney can help you to decide what is best for you, and consultations are usually free of charge. What do you have to lose?