If you are injured due to the actions of another person or organization, you may have a personal injury case that may allow you to recover compensation for your injuries and suffering. There are specific factors to consider when you are in the process of determining whether or not you have a personal injury case. Start by asking yourself the five following questions to determine if you have a valid case.
1) What led to your injury?
Generally speaking, in a personal injury case, the jury will concentrate on the cause of your injury. In specific forms of personal injury cases, such as medical malpractice, the cause of injury has to reach the point of predetermined levels of cause, such as negligence or gross negligence on the part of the doctor. Understanding why you suffered an injury is the start of determining who is ultimately at fault for your injury.
2) What could have been done differently?
When determining if a person or organization is liable for an injury, consider what actions they could have undertaken to help you to avoid your injury. If reasonable steps could have been undertaken for you to have avoided a personal injury,
3) How much damage resulted?
The ultimate settlement amount will be based on a compensation for your personal injury consisting of physical and emotional damages, as well as pain and suffering that you may have incurred. Consider how much damage you may have resulted from your personal injury and what compensation would likely be provided in a settlement or jury award. Would the settlement or jury award compensate you for the trial costs and time spent pursuing the lawsuit? If so, it may be appropriate to obtain compensation for your injury.
4) What evidence is present?
Consider what evidence you can compile to support both your injury as well as the damages that you suffered. Medical and police reports are helpful in developing an appropriate paper trail for your injury. Having insufficient evidence may not completely limit your opportunity for recovering damages, but it may hamper it.
5) Have you consulted a personal injury lawyer?
While you are the person who is most familiar with the nuances of your case, a personal injury lawyer has the experience and expertise to inform you if your case has a high chance to succeed. Many personal injury attorneys structure their fees upon the contingency of a settlement. As such, their legal fee increases with the settlement amount. As such, they have a vested interest in seeing you succeed in your case and can determine if you have a potentially successful personal injury case.
Most of all when determining if you have a personal injury case, be open and objective with the facts and circumstances associated with your case. As you may too emotionally involved to make an decision regarding the validity of the case, a personal injury lawyer should be contacted for their guidance and assistance in determining if it is worthwhile to pursue.
Allen is a law student and likes to blog about his studies. For more personal injury law tips and advice check out SeriousAccidents.com