3 Elements Your Personal Injury Case Needs to Win
July 29, 2021
When it comes to personal injury claims, there are a lot of misconceptions. People don’t always know what elements they need to prove their case or what constitutes a personal injury claim. Not understanding whether you have a case can prevent you from receiving the compensation you deserve. While you should always meet with a lawyer to find out the strength of the case, here are three elements that may indicate a strong claim.
1. Negligence
Negligence occurs when one person acts carelessly and causes another individual’s injuries. To prove negligence, you have to establish a standard of care. This means that the defendant had to use a reasonable amount of care in the circumstance. For example, drivers have to exercise care by following traffic rules. If a vehicle speeds or runs a red light and causes an accident, the driver’s negligence caused the other driver or passenger’s injuries.
In some cases, it is possible to share some blame for the accident. For example, if you weren’t wearing a seatbelt in a car accident, your injuries may also be attributed to your lack of a seatbelt. In this case, you may have to subtract your percentage of fault from the overall award.
2. Injuries
To file a personal injury claim, you have to face monetary damages. If someone acts negligently and could have caused an injury or damage, it is not enough to file a claim. Injuries could include physical injuries resulting in medical bills, lost wages or other costs due to the injury. Damages may also include damage to personal property or emotional pain and suffering.
3. Documentation
When you arrive at the law office, make sure you have appropriate documentation. To prove your case, you need to have documentation of the accident, the injury and the losses you suffered because of the accident. Some documentation you should bring with you include police reports, medical records, repair costs and witness statements. When working with a personal injury lawyer like one from David & Philpot P.L., he or she can advise you on the types of documents you need to prove your case. Bring the documents you have to your consultation and discuss what you may need to strengthen your case.
Do not wait to file your claim. Consult with a personal injury lawyer as soon as possible to find out how strong your claim is. Most personal injury lawyers will not accept your claim unless they think you have a strong chance of winning the lawsuit. Reach out to a top personal injury now if you want to receive legal assistance.
