How Do I Know If I Have A Personal Injury Case?  

Are you injured in an accident? Perhaps you recall seeing ads for lawyers promising to get you compensation if your injuries are caused by an accident. It can seem overwhelming to think about pursuing a personal injury case. It might seem like you are asking yourself, “Do I have a personal injuries claim?” Is it worth it? It’s not worth it. A knowledgeable personal injuries attorney will help you determine if you have a personal accident claim. If you decide to walk away from a case without pursuing a claim, then you have waived all rights to fair and full compensation for your injuries.

How do I know if I have a personal injury case or not?

Personal injury claims almost always stem from the legal principle that negligence is a law. To have a personal injury claim, the person must have been hurt by someone who violated a duty to care. This can be broken down into elements that will require a fact-specific assessment of your case.

Was the person you owed a duty? In different situations, a duty may be due. We all have a duty to each other when we share public streets or byways. Traffic laws apply to all of us. You owe your doctor and any other professionals you have a relationship with a duty. Your doctor owes reasonable care to you in providing medical care. You and your visitors are also obligated to maintain the property reasonably safe and free of hazards.

Was the person in violation of the duty? The specific circumstances will determine whether or not the person who owed you the duty breached it. A breached duty can be proved by proof of violation of traffic laws. This could be evidenced by records that show the property owner failed to maintain it and perform safety checks. It could also be found in the comparing of actions of medical professionals to what another similarly situated professional would have done under similar circumstances.

What caused you to sustain injuries? It is necessary to prove that you were hurt by the violation of a duty owed to you by another person. You will need to prove that you were injured by the other person’s violation of a duty owed to you, primarily via medical records.

Personal injury claims can be filed if you can prove that someone else’s negligent or inexcusable actions caused your injury. However, this analysis can be complex and may be difficult for someone not experienced in personal injury law. Consult with an attorney before you give up on your chance of receiving fair and full compensation for your accident injuries.

This article was written by Alla Tenina. Alla is a top personal injury lawyer in Sherman Oaks CA, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.