What to Ask to Determine Whether You Have a Personal Injury Case
After facing injuries due to an accident or someone else’s negligence, you may be weighing out your civil litigation options. Is it worth filing a lawsuit? Do you have a strong case? There are three questions that you have to ask yourself to determine whether you have a case.
Who Was at Fault?
To have a personal injury case, you have to be able to establish that someone else was at fault for your injuries. The injury has to be directly connected to another person’s actions. Legal negligence is a person’s failure to use the level of care that an ordinary person would have under normal circumstances. Examples of personal injury cases include:
- Slip and falls on ice at businesses
- Injuries after a car accident
- Loss of a limb due to defective equipment
There are a lot of different types of personal injury cases. The point of a personal injury lawsuit is that someone else is responsible for the injury. A personal injury lawsuit brings up the question of liability.
If the accident is your fault, then you may not have a strong case. However, if you share fault, you may still have a case. In some states, you can file a lawsuit after a car accident if you have less than half of the fault.
How Serious Are the Injuries?
If you did not suffer any injuries due to the negligence, then you do not have a case. Sometimes, people may believe that they have a case because someone’s actions could have caused an injury. Just because someone acted negligently does not mean that you can file a lawsuit. The person has to cause an injury. Fear is not an injury. Instead, your damages should cost you money. For instance, an injury that requires medical care is an injury you can sue over.
Did the Accident Cause Your Injuries?
So you did suffer injuries but now you have to ask yourself if the injuries happened because of the accident. Defendants and insurance companies may try to claim that you had a pre-existing condition. To file a lawsuit for personal injury, then the negligent act or accident had to have caused your injury. If you suffered an injury due to someone else’s negligence, then odds are that you have a personal injury case. Even if you are positive that you have a case, it helps to discuss your options with a personal injury lawyer. Consult with a personal injury attorney.