When you suffer an injury, it is not always easy to immediately tell whether or not you have a valid legal personal injury claim against the at-fault party. After all, there are often scores of external factors which may impact your case and sometimes injuries take time to develop.
Factors of a Valid Legal Personal Injury Claim
The law, however, is pretty clear: in order to receive financial compensation for your injuries, you will generally need to be able to prove three main facts:
1. The Other Party Acted Negligently
One of the most important things that you will need to prove during a personal injury lawsuit is that the other party behaved in a negligent manner. In other words, you must show that they acted, or failed to act, in a way that was improper or careless when they owed you a duty not to cause you injury.
In a car accident case, for example, proving negligence might be as simple as showing that the other party drove through a red light before hitting your vehicle. You may also be able to prove negligence by showing that they made an unsafe turning maneuver or had a blood alcohol level above the legal limit at the time of the accident.
2. The Other Party’s Negligence Directly Caused Your Injuries
Having shown that the other party behaved negligently during the incident, you will next need to prove that their negligent act was the cause of your injury. Put simply, you need to be able to show that if they had not acted in the manner that they did (alone or with other negligent parties), you would never have sustained your injuries.
In our car accident example, this should be fairly easy to prove. If you did not have a broken leg before the incident but were diagnosed with one immediately after it as a result of the car accident, the other party’s negligence quite clearly caused the injury.
You cannot make a personal injury claim on an injury that was not caused by the negligence of the other party. If you have a pre-existing medical condition that was not made any worse as a result of the incident, you are extremely unlikely to receive any compensation for it. In addition, the law requires that an expert doctor testify, to a reasonable degree of probability, that the accident caused the injury.
3. Your Injuries Resulted in Harm
Harm (or compensatory damages) is the final part of the personal injury checklist. To be eligible for compensation, you will need to show that you suffered some compensable harm as a result of the other party’s negligent behavior.
In the case of our broken leg from the car accident, you would be able to show that you incurred medical bills as a result of the incident. However, compensatory damages do not stop there. For example, you can also show that you lost wages because you were not able to go to work and that you experienced pain and suffering as a result of the injuries.
Not all injury-causing incidents can serve as the basis for a personal injury claim. However, if you can take an objective look at the events which caused your injuries, prove that it was caused by another party’s negligence, and show that you suffered harm, you may very well have a case that is worth pursuing.
Of course, the best way to know for sure if you have a personal injury claim is to speak with an experienced personal injury attorney. They will be able to review the facts of your case and let you know whether or not you are likely to succeed if you file suit.
Contact a Trusted Personal Injury Attorney Today
Having worked on hundreds of personal injury cases, the team at Cap and Kudler has the experience to tell if a personal injury claim is valid or not. We also have the skill needed to fight vigorously on behalf of our clients who do have a case – earning them the financial compensation they deserve. If you have been injured and would like to discuss your case with one of our attorneys, simply give us a call at (702) 878-8778 or contact us online to arrange a consultation.