If you’ve been injured in an accident, you may be wondering if you have a valid personal injury case. How do you know if your injuries are severe enough to file a lawsuit? This can be a difficult question to answer, but there are some factors to consider. In this blog post, we’ll discuss the basics of personal injury law to help you decide if filing a lawsuit is the right choice for you. Read on to get an expert opinion from The Clark Law Office.
When you get a brutal injury caused by the negligence of another individual, suing them becomes the obvious thing to do so that you can seek compensation for medical bills, pain, suffering, and so on. But, what course of action should you take when the injury doesn’t seem severe but still interrupts your normal life? You’ll need to arm yourself with some information before you decide whether or not to file a personal injury lawsuit.
Starting a personal injury lawsuit: what you’ll need
Prior to filing, you will need to get some information together. First of all, you’ll need to determine who was at fault for your injuries. For someone to be considered liable in a personal injury lawsuit, you must show that they had a duty of care to keep you safe, that they breached that legal duty and that breach was the direct cause of your injuries.
Negligence and injuries to persons
To file a personal injury lawsuit, you must demonstrate that the liable party acted negligently. Negligence is the failure to use reasonable care, which causes harm or injury to another. For negligence to be proven, you must show:
- The defendant breached their duty of care.
- The breach was the direct cause of the plaintiff’s injuries.
- The plaintiff suffered actual damages.
For example, if you had a fall because there was some ice on the floor that no one had cared to clean up, that would be considered negligent behavior on the part of the owner of the premises you were in. If you slipped on an oil spill while working for a company, they are responsible for it.
These are true negligence cases where someone failed to take reasonable actions, and as such, this is where the definition of negligence comes from. However, suppose you were injured by someone else’s action or inaction due to unforeseeable events, malfunctions, and errors that were beyond that defendant’s control. In that case, you may not have a case.
The severity of personal injuries and eligibility for legal action
If you want to file a personal injuries case, your injury must inflict damages severe enough to warrant a lawsuit. Damages are typically categorized as either economic or noneconomic.
- Economic damages – Damages such as medical expenses and lost wages are quantifiable and are considered economic damages.
- Noneconomic damages – These damages are harder to quantify and include pain and suffering, mental anguish, and emotional distress. Non-economic damages are more difficult to measure, so you will need to show that your quality of life has diminished due to the injury.
Personal injury lawsuits: when not to file them
Personal injury lawsuits are an integral part of the American legal system, but that doesn’t mean that they don’t have their downsides. There are instances where you may not want to file a lawsuit, even if you have a valid claim. The biggest draw is that filing a lawsuit can be costly and time-consuming. So, if you do not think that the compensation would be enough to justify the cost of filing a lawsuit, then it might not make financial sense for you.
Get a legal opinion on your case
The best course of action is to speak with a personal injury lawyer to better understand whether you have a case. A personal injury lawyer can review the facts of your case and advise you on whether or not you should file a lawsuit. They can also help you through the legal process, from explaining the statutes of limitations, gathering evidence to filing the lawsuit and representing you in court.
Suppose you have been injured and are thinking about filing a personal injury lawsuit. In that case, it is important to speak with a personal injury lawyer to understand your rights and whether or not you have a case. Personal injury lawyers can help you through the legal process, from gathering evidence to filing the lawsuit and representing you in court. They can also advise you on whether or not the compensation would be worth the cost of filing a lawsuit. So, if you have been injured, it is important to speak with a personal injury lawyer to understand your rights.