How to Know if You Have a Personal Injury Case?
POSTED BY devind . October 14, 2019
If you’ve had an accident, you may be wondering if you have the foundation for a personal injury case. Personal injury law is designed to protect you if you’re harmed by someone else. Either by actions, they’ve taken or by their negligence.
Personal Injury Claim – Two Basic Factors
Every personal injury case, or tort, revolves around two basic factors.
- Liability and
The damages are the compensation for the negative outcomes you’ve suffered as a result of someone else’s actions. Liability is the extent to which the other person can be held responsible for the harm you’ve experienced.
There are a few factors that determine how strong your personal injury cases will be filed. Furthermore, The first is the severity of the harm you’ve experienced.
If you were in a fender bender and your car got a little banged up, that’s not likely to be a strong reason to file a lawsuit. Yet, if you’ve experienced more serious physical injuries as a result of a car accident, that will be a stronger case.
The next factor is whether the damages have been paid. If you’re in a car accident and you endure injuries, it’s likely your health insurance will cover at least some of your medical costs.
And either you or the other party will likely have car insurance that covers damage to your vehicle. This could make it more difficult to show that you deserve to receive damages. Yet, this is not always the deciding factor.
Insurance doesn’t cover emotional harm or a loss in quality of life. And it’s possible that your insurance rates will increase. These are damages you may be eligible to be compensated for.
Another important factor is how well you can prove that the harm you’ve suffered is the result of the other person’s actions or negligence. Also, Just because the other person has been in the incident, doesn’t mean they are legally responsible for the harm.
Importantly, if your personal injury case is to be “frivolous” – meaning it lacks the merit to be brought before the court – it can be thrown out and you may face sanctions.
If you’re unclear about whether your situation merits a lawsuit, feel free to contact us.
Anytime at 877-526-3457. Our representatives will be happy to speak with you about the details of your case.