Filing a personal injury lawsuit is a big decision. It can take months, even years, to resolve, and it will take a lot of time and effort on your part. However, the outcome may be worth it since you may have been wronged and the money in damages will help to improve your quality of life. If you are thinking about filing a personal injury lawsuit, it is important to recognize that there are certain factors that have to be present to have a legitimate personal injury lawsuit. Here are a few things you should know.
1. You Have to Have a Quantifiable Injury That Can Be Proven
Although this might seem obvious, many people don't think about having an injury that you can prove and quantify as being vital to the case. For example, if you were in a car accident and your insurance covered the cost of damaged property but your injuries were only small bumps and bruises, you may not have a case. In order to file a personal injury lawsuit case the court needs to determine damages to you; this will be done by determining pain and suffering, injuries, and other factors.
2. The Other Party Had to Be Reckless and/or Negligent
Another important factor is that the other party had to do something that was reckless and/or negligent to make it a legitimate personal injury case. Accidents happen all the time. In some of those cases both parties used poor judgment, but neither party was being careless or negligent. In order to file a personal injury case against someone you have to be able to prove that their behavior endangered you and that you should be compensated for it.
3. The Other Party Had to Have a Duty Toward You
When driving a car, everyone has a duty to follow the rules and not drive impaired. Thus, if someone hit you while not driving safely you could sue them. However, not all personal injury cases are caused from auto accidents. Duty plays an important role in all personal injury cases. For example, if someone on their own private property is digging a hole and you trespass onto their property and fall into the hole, this is not necessarily their fault. They had no duty to protect you as a trespasser or label the hole. However, if the person invited you onto their property and it was dangerous, they would have to warn you first.
Before you file a personal injury lawsuit you have to prove that the other person had a duty toward you.
By understanding these things you can better decide if you have a valid personal injury lawsuit against another party. For further help, contact a lawyer from a firm like FrascaKim Lawyers.