Wondering if you should pursue a personal injury case? Ask yourself these three questions.
After any kind of accident, most people are quick to try to place blame anywhere but on themselves. However, just because you think someone else made you have an accident doesn’t necessarily mean that they are legally liable for your damages.
So, before you starting planning how you will spend your personal injury compensation, ask yourself these three questions to determine if you really do have legal grounds for a personal injury claim.
Was Someone Negligent?
In order to hold someone liable for an accident, you need to prove that they were negligent. In other words, you need to prove that they had a duty of care and that they violated this duty of care.
For example, drivers have a duty to follow the rules of the road and drive carefully to prevent accidents. When they fail in this duty—such as by running a stop sign or by driving drunk—and an accident results, they can be held liable.
Another example would be property owners having a duty to keep their premises reasonably safe. If they fail in this duty—such as by failing to put up a wet floor sign after mopping—and someone is injured as a result, they can be held liable.
Can You Prove the Accident Caused Your Injury?
This may seem obvious, but you need to be able to prove that your injuries were caused by the accident. Otherwise, the defendant could argue that your injuries come from a pre-existing condition, or even that you are faking your injuries. It is important to see a doctor promptly after any kind of personal injury accident, since their diagnosis of your injuries will serve as important evidence linking the injuries to your accident.
What Damages Have You Suffered?
One final point to consider when deciding whether or not to pursue a personal injury case is the nature and amount of your damages. If you suffered a minor injury with limited medical expenses, it may not be worth pursuing a case. But if your injuries were significant enough to result in large medical bills, to make you miss any amount of work, or to cause you pain and suffering, you should consider filing a claim.
Contact an Attorney for Free
Of course, the best way to determine if you have legal grounds for a personal injury claim—and if it is worth the effort to pursue a claim—is to talk to an experienced personal injury attorney.
At The Law Offices of Larry H. Parker, we offer free initial consultations to help injured victims understand their rights and options. Call us at 800-333-0000 today to request yours.
