Do I Have a Personal Injury Case?

Were you involved in an accident or harmed due to someone else’s negligence? If so, you might have a personal injury case. Understanding the elements that constitute a personal injury claim can help determine if you have a valid case.

Elements of a Personal Injury Case

Negligence

Negligence means that the responsible party was careless. For instance, if a truck driver crashed into your car because they ignored a stop sign, the truck driver would be considered negligent under the law. Negligence can take many forms, including distracted driving, speeding, or even failure to maintain a safe environment in public spaces.

Causation

Causation links the negligent action to the injury. If, as a result of the crash, you sustained a broken arm and severe headaches, the truck driver’s negligence would be considered the cause of your injury. Establishing causation requires clear evidence that the injury directly resulted from the negligent action.

Damages

Damages refer to the compensation for the injuries and losses suffered. If your broken arm and headaches led to medical bills, lost wages, and/or pain and suffering, these would be considered compensatory damages (i.e., damages for which you may be compensated). Damages can also include emotional distress, property damage, and reduced quality of life.

If you can answer yes to these conditions, you may have a personal injury case.

Common Types of Personal Injury Claims

Personal injury cases arise from various scenarios. If you’ve been injured in one of the common types of personal injury cases, you may have a valid reason to file a lawsuit. Common causes of personal injuries include:

• Motor Vehicle Accidents: These are among the most common personal injury claims. Motor vehicle accidents can involve cars, trucks, motorcycles, and other types of vehicles.
• Slip and Fall Accidents: Property owners must maintain safe premises. If you slip and fall due to a wet floor or uneven surface, you may have a claim.
• Construction Accidents: Construction sites are hazardous. Workers and even bystanders can be injured by falls, equipment malfunctions, or safety violations.
• Pedestrian and Bicycle Accidents: Pedestrians and bicyclists are vulnerable to collisions with vehicles, often resulting in severe injuries.
• Truck Accidents: Due to their size and weight, truck accidents can cause significant damage and injuries.
• Trip and Fall Accidents: Similar to slip and fall, these accidents occur when a person trips over an obstacle that shouldn’t have been there.
• School Accidents: Children can be injured at school due to negligence in supervision or unsafe playground equipment.
• Workplace Accidents: Employees injured on the job may have a personal injury claim, especially if the employer’s negligence contributed to the accident.
• Wrongful Death: If a loved one dies due to someone else’s negligence, the surviving family members may file a wrongful death claim.
• Nursing Home Negligence and Abuse: Elderly residents may suffer harm due to neglect or abuse in nursing homes.
• Police Misconduct: Victims of police misconduct or brutality can seek compensation for their injuries.

Evidence to Prove Your Claim

To support a personal injury case, the following evidence is typically required:

• Police Reports or Incident Reports: Official documentation of the accident provides a detailed account of the incident.
• Eyewitness Statements: Testimonies from witnesses can corroborate your version of events.
• Photos from the Scene of the Accident: Visual evidence helps establish the circumstances and severity of the accident.
• Medical Records: Documentation of your injuries and treatment is crucial for proving damages.
• Documentation of Missed Work and Lost Wages: Proof of income loss due to the injury strengthens your claim for lost wages.

Will It Be Worth It?

Personal injuries are not limited to broken bones; they can also include neck and back injuries, concussions, or any other physical or mental changes caused by an accident. In a personal injury claim, you can receive compensation for various types of damages:

• Pain and Suffering (Past and Future): Compensation for physical pain and emotional distress endured during and after the accident.
• Medical Bills (Past and Future): Reimbursement for medical expenses incurred and future medical costs related to the injury.
• Lost Wages Due to Inability to Work: Compensation for income lost due to the inability to work while recovering from the injury.
• Reduced Earning Capacity: If the injury affects your ability to earn in the future, you may be compensated for this loss.
• Property Damage: Reimbursement for damage to personal property, such as a vehicle in a car accident.
• Emotional Distress: Compensation for psychological impact, such as anxiety or depression, resulting from the accident.

Cost of Hiring an Attorney

Hiring an attorney doesn’t have to cost you anything upfront. Attorneys typically work on a contingency-fee-basis, meaning they do not collect fees until you win your case and receive compensation through a settlement or court award. No up-front payments are required, making legal representation accessible to all victims.

Conclusion

Having a trusted attorney by your side means going through a personal injury claim, which should require minimal effort and responsibility, allowing you to focus on your recovery. To know whether you have a personal injury claim, consult a knowledgeable personal injury attorney.

By understanding the elements of a personal injury case, recognizing the common types of claims, gathering necessary evidence, and knowing what compensation you might be entitled to, you can make informed decisions about pursuing your legal rights. With the right legal support, you can navigate the complexities of a personal injury claim and secure the compensation you deserve.

If you or a loved one has been an accident victim, the personal injury attorneys at Greenstein & Milbauer, LLP, can help. Our firm’s motto is “Don’t Be A Victim Twice.” If you are an accident victim, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call and consultation are free. You don’t pay us unless we are successful. That’s our “Fee Guarantee – No Fee Unless Successful.”