3 Categories Of A Personal Injury Lawsuit
While every personal injury is unique, most injury lawsuits fall into one of three main categories, each with its own factors and guidelines. If you're going through a personal injury situation and are wondering if you can or should hire an attorney or file an injury lawsuit, the article below can help you decide what step to take next:
Did You Really Suffer A Personal Injury?
The most obvious component of filing an injury lawsuit is that you must have experienced a personal injury of some kind. Some examples include:
- Going to the grocery store and falling on a slippery floor
- Being hit by another driver and experiencing depression, PTSD or anxiety after the accident
- Going to an amusement park, and injuring yourself in a fall while walking across the pavement to the ticket counter
Not all accidents qualify for filing an injury lawsuit. For example, if you were in a simple fender bender and were not hurt mentally or physically, you have not experienced a personal injury.
Injuries Caused By Negligence
Another type of an injury lawsuit deals with injuries caused by the negligence of another party. This can be an individual, a company, or even a government agency. When a person acts in a careless manner, this constitutes negligence and can be considered an injury lawsuit.
In order to prove negligence, you and your lawyer need to establish 4 factors:
- Duty: The negligent person has a duty to behave a certain way toward the plaintiff in regards to the situation.
- Breach: However, the negligent person can breach that duty by being negligent.
- Cause: The actions (or reactions) of the negligent person were the cause of the injury.
- Damage: The plaintiff was then injured or harmed as a result of those actions, and compensation is necessary to remedy those injuries.
Recoverable Damages In An Injury Lawsuit
As an injury lawsuit directly deals with injuries sustained in a particular event, damages will need to be related to clearly documented expenses related to the injury. An injury lawsuit can help you earn compensation for any of the following expenses you may have incurred:
- Medical bills
- Rehab, medication, prescriptions, etc.
- Physical and emotional pain and suffering
- Disability accommodations
- Diminished quality of life
- Loss of companionship
If you are in a personal injury situation in which any of the above categories applies, you might be eligible to file an injury lawsuit. Filing a personal injury lawsuit can stressful and complicated, and filing incorrectly could decrease the amount of compensation you receive. Hiring a qualified personal injury attorney not only reduces the stress on you during this challenging time, but can help you get the most compensation for your injury lawsuit.
For a free consultation or to learn about your legal rights contact Welmaker.