What Factors Help Justify A Personal Injury Case
Did you suffer an injury that you feel was someone else's fault, and you're wondering if you should file a personal injury lawsuit against them? You will definitely want to know what makes for a strong personal injury case that would justify a lawsuit.
Liability
The most important part of a personal injury case is liability. You need to be able to prove that the cause of the accident was not your fault and was actually caused by the other person's negligence. However, proving negligence is not always easy to do.
Some types of personal injury cases will have clear instances of negligence that are easy to prove. For example, if you were rear-ended by another driver while stopped at a red light, then you have a clear case on your hand where the other driver is responsible. A car accident may be harder to prove if you got into a crash at a four-way stop since it is your word against the other drivers about who was breaking the law.
Damages
Being involved in an accident is not enough to file a personal injury lawsuit against the other party. You must have sustained some type of damage to justify the compensation you are seeking.
For example, you may have suffered a slip-and-fall accident while walking on a wet floor at a business. If you suffered no injuries, then you would not be able to seek compensation for your accident, since being sore for a day or two is not enough. If you ended up breaking a bone and going to the emergency room, then that would be a form of damage that you could seek compensation for.
Damages can also extend to other forms of financial losses. You may have lost wages from having to take time off of work to recover. Even if you are using sick days, those are lost days that you deserve compensation for.
Evidence
The more evidence you have to prove your case is going to help create a strong case. Eyewitnesses and video camera recordings can do a great job of proving how your injury happened, but it is not always possible to have these. The best thing that you may be able to do is to take photographs of the accident scene and see a doctor immediately, which helps prove your injury is related to the accident the responsible person caused.
Contact a local personal injury lawyer to learn more.