Injured in an accident? You may have been recalling ads of lawyers proclaiming they can get you compensation if you are injured in an accident. On top of dealing with the pain of your injuries, doctors’ appointments, and managing the financial impact an accident can have, however, the thought of pursuing a personal injury case may seem like too much. You might think, “Do I even have a personal injury claim? Will it be worth it? I’m not sure I can handle some long, drawn-out legal battle.” First, know that, with a trusted attorney by your side, going through a personal injury claim should require minimum effort and responsibility on your part, so long as you take care of yourself and your injuries. Second, you will never really know whether or not you have a personal injury claim unless you talk to a knowledgeable personal injury attorney. Should you walk away without trying to pursue a claim, you will have waived any right you may have had to full and fair compensation for your injuries.
How Do I Know If I Have a Personal Injury Case or Not?
Most all personal injury claims are founded on the legal principle of negligence. In order to have a personal injury case, therefore, a person must have been injured by someone who violated a duty of care and that breach of the duty of care resulted in his or her injuries. This can be broken down into specific elements that will require a fact-specific evaluation of your potential case.
Did the person owe you a duty? A duty can be owed in different contexts. For instance, we all owe each other a duty of care when we are sharing public streets and byways. That is why we are all subject to traffic laws. Your doctor and other professionals with which you have a relationship with also often owe a duty of care. Your doctor owes you a duty of reasonable care in providing you with medical care. Additionally, property owners to whose properties you visit, owe you and other visitors a duty to keep the premises reasonably safe and free from hazards.
Did the person violate the duty owed? Whether or not the person who owed you a duty violated said duty will also depend on the specific set of circumstances. Proof of a breached duty may come from things like proof that a traffic law was broken. It may be in records showing a failure of a property owner to perform regular maintenance and safety checks of the property. It may also be in comparing the actions of a medical professional to how another, similarly, situated medical professional would have acted under comparable circumstances.
Did you sustain injuries and did those injuries resulted from the negligent action or inaction? You will need proof that you were injured as a result of the other person’s violation of a duty owed to you. This will, of course, come primarily through medical records.
If you can show that the negligent actions or inactions of another caused you harm, then you have a personal injury claim. This analysis, however, can be complicated and may not be accessible by someone who has not practiced in the field of personal injury law. Before you walk away from a chance to seek full and fair compensation for your accident injuries, consult with an attorney first.
Personal Injury Attorney
Attorney Michael LoGiudice has the knowledge and experience to handle your personal injury case. Turn over the legal burden to him so you can focus on regaining your health. Contact us today.