While you’re probably not going to get billions of dollars in a lawsuit, there may be money that you’re entitled to that is being left on the table. If you’ve recently been in an accident that caused an injury, and someone else is liable, you may have a case for a settlement.
Not sure how to know if your injury qualifies? Read on to learn more about what it takes to file an injury lawsuit and win your case.
What Defines a Personal Injury?
A personal injury is any injury to your mind, body, or emotional welfare. That means that you don’t have to have a physical injury for a judge to rule that an accident harmed you.
Personal injuries range from anxiety and insomnia caused by a car accident to slips and falls at the grocery store.
Was the Other Party Negligent?
When you are on someone else’s premises, they are responsible for your safety and need to take all precautions possible to create a safe environment. To bring a personal liability case against another party, you have to prove that they have been negligent.
Negligence in the law is a failure to take the precautions that a reasonable person would have taken under the same circumstances. The word “reasonable” is important. The law doesn’t consider a party negligent if the injured party acted in a way that would have required unreasonable foresight to predict.
For you to win your lawsuit, you have to prove that the defendant had a duty to you to provide a safe environment. Then you have to prove that the defendant failed to act and therefore breached that duty.
Next, you have to prove that the actions or inactions of the defendant caused your injury and that monetary damages could remedy the problem.
Are There Recoverable Damages?
Damages in personal injury cases refer to the amount of money awarded for your injuries. Once you have established a defendant’s negligence, the defendant or their insurance company will have to pay you a sum of money.
This sum depends on the medical bills for your treatment, the amount of suffering your injuries caused, the amount of time you lost from work, and the future cost of any potential continuing care.
Finding a Personal Injury Lawsuit Lawyer
Now that you have read about what it takes to win a personal injury lawsuit, you have a better idea of whether your case will be successful or not.
At the law offices of Bruce Meth, we work hard to deliver the compensation you deserve. If you’re looking for representation in the San Diego area, contact us for a consultation today.