How Do I Know If I Have a Personal Injury Claim?
If you were recently injured in an accident and want to pursue compensation to help cover the related expenses, you are likely wondering whether or not you even have a case. Don’t make the mistake of moving forward until you understand how likely you are to reach a favorable outcome in court. You will save time and avoid wasting your energy on a lawsuit with little hope of ending how you want. For a personal injury case to gain traction, you need to demonstrate that someone breached their duty of care and caused you to suffer tangible losses.
Duty of Care
Before you take another step forward, learn about the duty of care and what it means for your case. A person or group must have a duty to protect or avoid harming you to provide grounds for a lawsuit. A doctor or surgeon tasked with performing a medical operation is a good example of someone who has a duty to provide adequate care.
Also, store owners must ensure their property is safe from hazards when they allow the public to enter. When people get behind the wheel of a car or truck, they have a duty to pay attention to the road so that they don’t cause undue harm to others.
Breaching the Duty of Care
You must show that the person or group in question has breached the duty of care if you want your case to progress. Doctors who overlook factors they should have considered are a good example of such a breach. Drivers who text while driving and don’t pay attention to the road are another example of which you need to be aware. A breach of care can be apparent in some cases, but it can also be hard to detect and prove depending on the situation.
Causation
Now that you have demonstrated someone breached a duty of care, you are ready to move to the next step of the legal process. You must confirm that the breach of care caused you to suffer.. Medical reports, witness statements and security footage are just a few of the ways you can show the result of another person’s careless or negligent actions. If you would like to give yourself the highest odds of winning your case, have a talented lawyer review the evidence and point you in the right direction, and you won’t be disappointed.
Damages
The final element of a personal injury case is showing that the breach of care caused you to experience damages. The law considers damages any financial losses you encounter as a result of the breach of care. A good example is medical bills that you incurred because of the injuries you have sustained. In addition to medical costs, damages can even include lost wages that result from time spent away from work while you heal.
Without the right training and experience to do the task, detecting the value of your damages won’t always be a simple or straightforward job. Many people overlook key factors and fail to see the true value of their case. Others overestimate the amount of money to which they are entitled, and you don’t want to make any of those mistakes.
Final Thoughts
When people or businesses breach their duty of care and cause others to suffer, the legal system can hold them accountable for their careless or malicious behavior. Taking action against those who wrong you protects and helps you cover the expenses related to the incident, but that is only the beginning.
Filing a lawsuit reminds others to avoid putting people in harm’s way, making the world a little safer. Contacting a qualified personal injury lawyer is the best way to move forward and safeguard your rights. Your legal expert will review each detail and show you what steps to take to enhance your odds of getting your desired outcome.
