How to Tell if You Have a Valid Personal Injury Claim
by
Accident & Injury Personal Injury
Summary: One of the most common questions people ask when consulting with a personal injury attorney for the first time is "Do I have a valid case?" Of course, the only way to know for sure is to speak with an attorney about the specific details of your case. Still, there are generally three conditions that need to be met in order for a personal injury claim to be considered valid.
Consider Your Injury
First and foremost, you must be able to prove that you were actually injured in the incident and that you did not just suffer property damage. For example, if you were involved in a fender-bender that damaged the back of your vehicle but did not lead to any injuries on your part, then you do not have an injury claim. Instead, you will need to work with the insurance company to reach a settlement for your property damage.
On the other hand, if you slipped and fell on a slick spot at a grocery store and injured your tailbone as a result, you may very well have a personal injury claim if other conditions can be met.
Proving Negligence
One of the most difficult aspects of any personal injury claim is proving that your injury was caused as a direct result of another party's negligence. Specifically, negligence is defined from a legal standpoint as a failure to exhibit an appropriate level of care that would have likely prevented the injury from occurring under similar circumstances.
For example, if you slipped on a slick/wet spot at your local grocery store and there was no "wet floor" sign anywhere nearby (and you can prove this), it is likely that the grocery store can be proven negligent and that you will have a premises liability case. Unfortunately, proving negligence in a personal injury claim is often the most difficult aspect.
Documentation is Key
Finally, in order to have a valid personal injury claim, you must have recoverable damages resulting from your injury. This can include anything from medical bills related to the accident to lost wages, pain and suffering, emotional trauma, and more. Keeping accurate documentation of all of your losses related to the accident is a must; be sure to file away copies of all your relevant medical bills and, if you're unable to work, calculate your lost wages as well.
If you plan on claiming emotional suffering or other losses that are more difficult to calculate, consulting with a personal injury attorney will be key in determining how much to claim.
How an Attorney Can Help
Speaking of working with an attorney, any time you're considering filing a personal injury claim, it's a good idea to at least consult with an experienced personal injury attorney before moving forward. He or she will be able to provide you with detailed guidance and legal advice regarding your case while also helping you to get a better idea of how strong your case is.
From there, a personal injury attorney can help in determining how much you should seek in the way of damages while also gathering the documentation and evidence needed to prove negligence. Throughout the complex legal process, a personal injury attorney will keep you informed and be there to answer any questions you may have.
Being injured as a result of another party's negligence can have life-altering consequences. If you're in this unfortunate situation, it's time to take the first steps of consulting with a personal injury attorney. From there, you can determine the strength of your case as well as the next steps that will be needed to collect the compensation you may deserve for your medical bills, lost wages, and more.