Knowing When You Have a Personal Injury Case

Personal Injury Lawyer

Personal injuries come about when someone has been harmed during an accident caused by another person. This can be straightforward — for example, if a driver runs a red light and hits your car — or more complicated — like you slip and fall on a wet floor in a post office. Understanding what qualifies as a personal injury is necessary in determining whether you should pursue a claim against the negligent party. Here are the main factors in setting up personal injury.

Negligence 

First, another person has to have acted negligently. You can only submit a claim to their insurance if you have proof that their poor behavior caused your accident. Some states have negligence laws that allow only one person to be at-fault for the accident. Other states divide the fault between the parties by the percent that each one is guilty for causing the accident. Finally, there are states with laws that do not allow a person to make a claim against the other person if they were more than 10% at-fault for the accident, and there are states that do not place fault on anyone at all.

Negligence Caused the Accident 

You must provide proof that the other person’s negligence directly caused the accident. Whether it was careless behavior or a disregard of regulations, that person’s negligence must be linked to the accident. Without it, there cannot be a case.

The Accident Caused the Injury 

You must prove that the accident caused your injury. A good way to do this is to visit a doctor shortly after the accident. Not only is it beneficial to your health, but it creates a doctor’s report that specifically links the accident to your injury. If you wait too long, it will be easier to disprove your case by claiming that your injury was caused by something else after the accident happened.

The Injury Caused Harm 

Finally, you must provide evidence that your injury created harm. Harm does not simply have to be bodily injury. It can also be medical bills that create immense economic debt or pain and suffering. These are things that would not have occurred in your life normally, but are causing harm to you now.

It’s easy to feel uncertain about your case or fail to understand the legal jargon essential to making a claim. A personal injury lawyer, like a personal injury lawyer in Bloomington, IL, can provide key information and services that make the claim process smooth and successful. Consider contacting one to see how they can help your case.

 


 

Thanks to Pioletti Pioletti & Nichols Attorneys at Law for their insight into how to know if you have a personal injury case.