If you or a loved one has been injured or killed at work, in a car accident, in a place of business, or any other publicly or privately owned place, you may be wondering if you are able to file a personal injury lawsuit. You may have medical bills piling up as a result of your injury. You may be missing time at work while you recover. There are a number of economic and non-economic costs that can be associated with suffering an injury. Fortunately, depending on the circumstances, you may be able to seek compensation through a lawsuit.
Whether or Not You Have a Personal Injury Lawsuit
Determining whether or not you should file a personal injury lawsuit depends on a variety of factors. Each state has different laws regarding personal injury lawsuits, so you should always consult directly with a personal injury lawyer to determine if you have a claim.
The most common personal injury cases are the result of negligence. There are four basic components of a negligence claim that can be used as a guideline.
Duty – You must first be able to show that another person or company owed you a duty. This is often obvious, as it can be as simple as driving safely.
Breach – Second, you must show that the duty owed was breached by another party’s act or omission. For example, if you were injured when another vehicle ran a red light and slammed into your car, the driver of the other vehicle is clearly at fault and breached their duty to operate a vehicle safely. However, in more complex cases, the duty and breach may involve more than one party. An experienced personal injury lawyer can help you identify those parties.
Causation – This means that you will need to establish that the duty breached by another party caused your injury or loss.
Damages – Last, you must be able to show that you suffered an injury. This could refer to a physical injury, death, emotional trauma, or the financial burdens resulting from the incident.
If you can show that you have been injured and another person or company is responsible for causing your injury, you may have the right to seek compensation by filing a personal injury lawsuit. However, it is important to keep in mind that you may be barred by law from filing a lawsuit in certain situations or against certain parties. Further, each state restricts the amount of time you have to file a personal injury case; these time limitations vary from state to state. Therefore, if you or a loved one has been injured, you should seek counsel from a personal injury lawyer as soon as possible.