You’ve suffered an injury at someone else’s negligence or intentional actions — now what? You may be trying to figure out whether you have a case at all. Civil law is complex and unless you’ve filed a lawsuit before, you may not know what to expect. Here are three questions to ask yourself to determine if you have a case.
Was There Negligence?
To file a personal injury claim, there must be negligence involved. Negligence is a more complex subject than most plaintiffs recognize before speaking with a lawyer. At a business, for instance, the owner has a duty to protect any person within the business from undue harm or injury. When this is breached, the person or business may be liable. It does not matter if the owner was directly responsible or if it was an act of his or her direct negligence.
If you suffer injuries on someone else’s property, you might not initially believe that you have a claim. Negligence may also include slip and fall lawsuits due to icy conditions. Negligence is a party’s failure to use reasonable care.
Was There an Injury?
If there is negligence, then there also has to be personal injury. If someone was reckless or negligent and you could have suffered an injury but did not, then there is no case. If you were in a car accident and suffered minor bruises and abrasions that did not require medical care, you may not have a case. However, if you suffered a concussion or had to be hospitalized after the car accident, that would be personal injury.
Was There Harm?
For there to be a personal injury case, a person must suffer harm. Harm includes compensatory damages. If you suffer an injury, this injury must include medical bills, pain and suffering or lost wages. If there is no harm, then there is no case. For instance, if you were to suffer a broken limb due to a slip and fall accident, you may be unable to work for an extended period. Depending on the severity of the break, it could interfere with your ability to carry out the duties of your job.
The best person to decide whether you have a case is a personal injury lawyer. He or she will be able to look at the facts of the case and determine whether it constitutes personal injury. To determine if you have a case, contact a lawyer, like a personal injury lawyer from Wieand Law Firm, LLC, as soon as possible.