If you or a loved one has been injured or killed at work, in a car accident,
in a place of business, or any other publicly or privately owned place,
you may be wondering if you are able to file a personal injury lawsuit.
You may have medical bills piling up as a result of your injury. You may
be missing time at work while you recover. There are a number of economic
and non-economic costs that can be associated with suffering an injury.
Fortunately, depending on the circumstances, you may be able to seek compensation
through a personal injury lawsuit.
How To Determine Whether Or Not You Have A Personal Injury Lawsuit
Determining whether or not you should file a personal injury lawsuit depends
on a variety of factors. Each state has different laws regarding personal
injury lawsuits, so you should always consult directly with a personal
injury lawyer to determine if you have a claim.
The most common personal injury cases are the result of negligence. There
are four basic components of a negligence claim that can be used as a
guideline.
-
Duty – You must first be able to show that another person or company
owed you a duty. This is often obvious, as it can be as simple as driving safely. -
Breach- Second, you must show that the duty owed was breached by another party’s
act or omission. For example, if you were injured when another vehicle
ran a red light and slammed into your car, the driver of the other vehicle
is clearly at fault and breached their duty to operate a vehicle safely.
However, in more complex cases, the duty and breach may involve more than
one party. An experienced personal injury lawyer can help you identify
those parties. -
Causation- This means that you will need to establish that the duty breached by another
party caused your injury or loss. -
Damages – Last, you must be able to show that you suffered an injury. This
could refer to a physical injury, death, emotional trauma, or the financial
burdens resulting from the incident.
If you can show that you have been injured and another person or company
is responsible for causing your injury, you may have the right to seek
compensation by filing a personal injury lawsuit. However, it is important
to keep in mind that you may be barred by law from filing a lawsuit in
certain situations or against certain parties. Further, each state restricts
the amount of time you have to file a personal injury case and these time
limitations vary from state to state. Therefore, if you or a loved one
has been injured, you should seek counsel from a personal injury lawyer
as soon as possible.
If you are not sure if you have a personal injury claim, contact Arnold
& Itkin today for a
free case evaluation
.
SOURCE: Recent Blog Posts – Read entire story here.
