Being involved in an accident of any type is a frustrating and troubling experience, which is only made worse if you are injured as a result. To that end, pursuing legal action may be the best course if the accident was caused by another person and they acted in such a way that you were put in clear danger. To learn whether or not your case qualifies for a personal injury lawsuit and the assistance of a lawyer, read on to understand everything there is to know about this type of case.
What is Personal Injury?
For those unfamiliar with the term, personal injury refers to a sector of law in which one person has the legal right to take action against another who directly or indirectly caused them injury. This form of law can also be applied in some cases when property of yours is damaged as a result of another person’s actions as well. There are a number of common examples of personal injury cases, but the below examples are situations which may qualify:
- A pedestrian is crossing the road with the legal right-of-way, and a car comes barreling out of sight from around the corner, runs the red light, and slams into the pedestrian
- A dog owner decides to not put their dog on a leash and takes the dog outside, but the dog becomes agitated by a noise and attacks another person on the sidewalk
- A doctor makes a serious error while operating on you that causes further issues beyond the original problem
- An employee in a store failed to properly wipe down the floor after a case of water spilled, and a shopper turns the corner and slips on the spot
In each of the above situations, one person acted with negligence in such a way that they created a situation in which the other person became injured as a result. This is the basis of any personal injury lawsuit.
What Needs to Be Proven to Win a Personal Injury Case?
To actually win a personal injury lawsuit in a court of law, there are four main points that must be proven first. In order, these points include:
- Duty of Care
First and foremost, you must prove to the court that the person who caused your injuries had a duty of care to not harm you. For example, a driver has a duty of care to protect themselves and other people on the road by not acting in a way that would injure anybody. A doctor has a duty of care to treat a patient in the best way possible. A pet owner has a duty of care to restrain their animal if it cannot control itself.
- Breach of Duty of Care
Second, a person must prove that the person who injured them actually breached their duty of care. Taking the vehicle scenario into consideration, a driver slamming into a pedestrian qualifies as a breach of their duty of care. However, it must also be proved that the party who injured the other acted with negligence. In the vehicle example, the vehicle speeding and violating the rule of stopping at a red light qualifies.
- The Existence of Causation
Third, it must be shown that the actions of the defendant directly or indirectly were linked to the injury the plaintiff suffered. Naturally, a vehicle running into another person is direct causation. However, if that vehicle driver ran the red light, swerved out of the way of the pedestrian, hit a lamp post which then fell on the pedestrian, they could still argue for causation.
- The Existence of Damages
Finally, it must be shown that the injuries the plaintiff suffered were a result of the actions of the defendant solely. For example, a person with a broken leg from being hit by a car can’t also sue the driver for an injury they suffered later that was unrelated to the case. In most cases, a medical professional’s opinion will be required at this point.
How Much Can You Earn from a Personal Injury Case?
For those considering filing a personal injury lawsuit, it’s natural to wonder how much you could potentially win if you succeed in your case. The median award for personal injury lawsuits is $31,000, which is an amount that can increase dramatically depending on the type of personal injury lawsuit in question. Medical malpractice lawsuits, for reference, can end up settling for hundreds of thousands of dollars at a minimum in some cases.
The Importance of Legal Counsel with a Personal Injury Case
Nobody should attempt to prove a personal injury case in the court of law without the help of an accredited lawyer. Whether you are looking for a standard fee lawyer or a contingency fee structure lawyer for your case, it’s always best to reach out to an attorney. They can review your case and give you an estimate on what they think you stand to win from the case. On top of this, they can also help you throughout the case with the gathering of potential witnesses, remembering certain things that may help in trial, and much more. Attempting to represent yourself in a personal injury case can be challenging, especially when you don’t have a deep background of this form of law.
Receive compensation for your injuries today
While a personal injury lawsuit case may not be the right choice for everybody, it can provide financial compensation to those who suffered an injury at the hands of somebody else. There is no guarantee that a judge or jury will agree with your opinion on what occurred, but not pursuing a personal injury case could be the equivalent of simply leaving money on the table. Speak with a personal injury attorney who can review your case to see if there is grounds to go to court.
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