Personal injuries can be sudden, painful, and traumatizing. However, if your personal injury was caused by another party’s action or lack of action, you most definitely have a chance to win with a personal injury lawsuit. While the law can be complex at times, there are still some facts you should know about personal injury law as a possible plaintiff. Here’s what you should know for your individual case.
You Need to Have Losses
To turn a personal injury into a personal injury case, you need to have experienced substantial losses. This should, of course, include your actual physical injuries. These injuries should have been extensive and painful. If they have resulted in serious health issues or an ongoing disability, you certainly should sue. These losses can also be monetary in nature. This can include things like medical bills, the cost of medication, and lost wages. Estimated future wages you will lose should also be included. You can also account for other kinds of losses that are a little less concrete in nature. The loss in your quality of life or your inability to enjoy the same things can also be accounted for in a jury award or out-of-court settlement.
You Need a Personal Injury Lawyer
You will also need a personal injury lawyer to be successful in court. While you may know the most about your own injuries, you are not a lawyer and should not attempt to represent yourself in court. Doing so can be extremely foolhardy. You are likely to make big mistakes that could doom your own lawsuit. Instead, seek out a personal injury lawyer with years of experience that understands the legal precedent, courtroom procedure, and the intricacies of the court in your jurisdiction. If they have a long track record of success with similar personal injury lawsuits, your chances of obtaining compensation will be greatly increased.
The Defendant Must Have Had a Duty to Not Act With Negligence
In regards to proving your case in court, you need to prove two things regarding the defendant. You must prove that the defendant had a duty to not harm others. Second, you must prove that the defendant acted with negligence and that negligence caused your injury. For example, if a store owner did not salt their walkway during the winter and you slipped and fell on that walkway, your injury was certainly caused by that store owner’s negligence. Discuss the facts of your case with your lawyer.
If you were injured due to another party’s negligence and experienced serious losses as a result, you most likely have a good personal injury case. Contact an experienced personal injury attorney as soon as possible. The sooner you act, the better your chances will be at obtaining the compensation you deserve.
Author information: Anita Ginsburg is a freelance writer from Denver, CO. She studied at Colorado State University and now writes articles about health, business, family, and finance. A mother of two, she enjoys traveling with her family whenever she isn’t writing. You can follow her on Twitter @anitaginsburg.