Most people experience some type of injury at a point in their life. Most will opt to heal up and move on or if but for some the injuries are too big to just move on. When your property was damaged, medical bills are piling up and you have lost your wages, your financial stability could be disrupted and the stress could make your suffering worse. If you have sustained injuries as a result of negligence of another person, you can file a claim and get monetary compensation for your injuries.
There is no black and white list of how to know you have a personal injury case, but the factors below can guide you as to whether you do or do not have a valid personal injury lawsuit.
- Did you suffer any personal injury?
Personal injury can be described as injury to the body, mind or one’s emotions. To sum up, personal injury does not have to be physical it ca be psychological as well. If you slip and fall and break your arm that can be classified as personal injury. If you have been experiencing severe anxiety, depression or insomnia after a car accident you suffered personal injury. If you suffered personal injury, an insurance company or a small claims court can provide you with compensation. However, you might need the services of NYC personal injury lawyers to assist you recognize the basis of your lawsuit.
- Is the negligence of another person or entity cause your injuries?
For you to have a viable claim, you have to prove that your personal injury was caused by the negligent actions of another person or entity. When an entity or a person acts carelessly and their actions cause injury to someone else, they are liable for the injuries. To win a personal injury claim, the plaintiff has to establish that the defendant acted negligently proving four of the following elements;
- The defendant had a duty to behave a certain way to the plaintiff
• The defendant breached their duty by not acting a certain way towards the plaintiff
• The defendant’s actions caused the plaintiff’s injuries
• The plaintiff was injured and money damages can remedy the harm
- Can you recover damages?
Damages is a legal term referring to the sum of money awarded to the plaintiff for their injuries or loss. Damages can be economic such as medical bills while others are noneconomic such as diminished quality of life.
If you have reason to believe that another party was responsible for your injuries, you should consult personal injury attorney LA to help you decide if your claim is worth pursuing and the kind of compensation you can expect.