Do I have a personal Injury Case?

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More than likely, many people will experience some kind of injury at some point in their lives. With that said, not every injury will result in a legal claim. Some injuries are because of age, or an accident that was clearly unavoidable, and of no one’s fault. But when it is another person’s fault for the incident that caused your injury, you may have a legal claim to file a law sue. Before you sue, you must first see if you might have a civil case, and you’ll need to prove it.
Personal injury lawsuits are the most popular of  the civil litigation and negligence cases. Personal injury lawsuits vary on which state you live in, the kind of accident, and other factors. Legal claims are filed through different avenues. They can be made through a personal injury lawsuit or filed as an insurance action. You can always to contact a law firm like Hunter Law, P.A. who can help you determine whether you have a viable case related to your accident.
Usually when someone else is legally responsible for causing the accident, it lets you recover compensation for damages. When an injury claim is filed, the injured person is entitled to recover compensation for the injury in the form of lost wages and medical expenses, pain and suffering, and even emotional suffering.

So before you  file a lawsuit from someone causing injury to you, you need to first make sure that you have a case. Below are two important questions you must ask yourself first:

1. Is it Clearly Defined “Harm”

Evaluate the situation to see whether a clearly defined harm has happened. Personal injury lawsuits require this element to proceed, and usually, that harm must be proved.  The hardest forms of harm is emotional distress, so the more clearly you can prove harm, the more likely that you can make a claim against someone.

2. Was it a Definable Duty?

No matter which form of harm you are claiming in your personal injury lawsuit, the other party whom you are suing must have owed a “duty to you”. What that basically means is that the person should have done something to try to avoid harm coming to you. Coming to an agreement is not always easy. For example, all drivers owe other drivers and pedestrians the duty of being responsible while driving. When a driver hits someone with their car, they are liable but, they must also have breached it in some way. So, if a driver who is being cautious on the road, but spins out of control because of ice on the road, it was no fault of his own and in most cases, not be held liable. This is because he did not breach his duty.

Should You Talk to a Lawyer?

Since it’s hard to determine if you have sufficient evidence to file a lawsuit or not, or if you are not certain what type of evidence you need it is best to seek advice from an experienced personal injury attorney, who can help you see if you have a valid case or not.

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