How Do I Know If I Have a Personal Injury Case? Anyone who has been in an accident and is considering a personal injury claim case wants to know if they will be successful. The truth of the matter is that there is no such thing as a guaranteed victory when it comes to the law. To find out if you have a personal injury case in such a lawsuit, you must show that the other party acted negligently or recklessly and that their actions or inaction caused you harm. An experienced personal injury lawyer can estimate the value of your claim so you may petition for all the damages you could be eligible for, including punitive, economic, and emotional loss-related damages, and more. Your rehabilitation will benefit from the time you will save by hiring a lawyer. How Can I Know If I Have a Case? Most personal injury claims are based on the legal concept of negligence and responsibility. Therefore, to have a personal injury case, a person must have been injured by someone who breached the duty of care and that resulted in their injuries. You can have a duty in different contexts. For example, we all have a duty of care when we share public streets and paths. That is the principle behind why we are all subject to traffic and driving laws. This can be broken down into specific elements that will require a specific assessment of the facts of your potential case. You Suffered Injuries As A Direct Effect Of The Incident A personal injury claim’s main goal is to recover compensation for damages. Both punitive penalties, which are meant to punish the defendant and discourage such behavior in the future, as well as compensatory damages, which cover both economic and non-economic losses, may be awarded to claimants. You would not have a basis for a personal injury claim if you did not sustain damages, such as an injury or loss. When The Incident Was Caught On Camera. Currently, we are totally immersed in a world of accessibility to camera surveillance, even through cell phones and smart devices. Thanks to this it is possible that your accident has been caught on camera. If you can provide video or photographic evidence that corroborates your story and shows negligence on the part of the defendant, this can greatly improve your chances at trial. Although witness testimony is excellent, there is nothing more convincing than being able to review the accident exactly as it happened. There Is A History Of Similar Events. Frequent patterns of behavior or similar incidents can work in your favor when you try to sue another person or company. For example, let’s say you were injured after slipping and falling down some rickety stairs at a local store. Upon investigation, your attorney discovers that dozens of other customers had similar misfortunes at this establishment, but the business failed to make the repairs that would bring these stairs or the general building’s safety standards up to code.
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