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.