subject: What Defines A Personal Injury Case? [print this page] Injuries are pretty common and happen to almost everybody at some point, but the majority of injuries do not have any basis for legal action. Because of this, it is pretty common for people to ask me what exactly constitutes a personal injury case and whether or not their injury fits into that category. Generally speaking, if somebody has been injured as a result of someone else's action or lack of action, then there is a potential personal injury case. Three main aspects must be present in every injury for there to be a personal injury case.
1) Negligence: Someone has to be at fault in order for you to have a claim. There are two ways this can happen; either someone did something they shouldn?t have, or did not do something they should have. Individuals can be negligent, as can entire groups of people or businesses. An example of individual negligence would be if somebody hit a pedestrian by driving up on the curb of a sidewalk - obviously, they have done something they shouldn't have. An example of business negligence is a restaurant causing food poisoning by serving undercooked chicken. In either case, injury or harm is being caused by someone else?s wrongdoing.
2) Damages: You have to lose something as a result of the accident. If somebody runs their car onto a sidewalk and hits you - but you miraculously land on your feet without any injury or damage, then you have nothing to sue for. Some kind of harm has to be incurred upon you, otherwise there is nothing to claim in a case. The most common types of damage are usually related to physical injury, property damage, and pain and suffering. So if you were walking down the street and a car hit you, resulting in broken bones and the death of the dog you were walking with, then you would have every right to sue to claim money for yourself and the pain and suffering associated with losing your dog.
3) Causation: The last piece to ever personal injury case is the connection between the negligence and damages. The negligence must cause the physical injury, property damage and/or pain and suffering. Some cases are pretty straightforward, while others are much more complicated. If someone hits you in the arm with a crowbar and your arm breaks, the causation of the break is very clear. In something like a serious car accident where you suffer whiplash or deep tissue injuries, it is difficult to both prove that the injuries are real and that the pain is directly a result of the accident. It is this connection that insurance companies will focus their effort on to try and deny your case. The negligence has to always have caused the damage in a personal injury case, and oftentimes this is the most difficult and time consuming part of the whole process.
If you believe that you deserve damages as a result of someone else's negligent action, do not hesitate to give contact our personal injury law firm. We offer free initial consultation, so there is nothing to lose by reaching out to us, and we will be able to let you know if you have a viable case.
by: Jason G Epstein
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