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subject: How to decide if you have a personal injury case [print this page]


How to decide if you have a personal injury case

How to decide if you have a personal injury case

For many of us, they do not like to think about the worst case scenario. What if I get it a car accident on the way to work? What if I hit someone? What if my child gets injured at school? Every single day we venture out into the world, and risk the possibility of personal injury. For argument's sake let's say that when you drop your child off at the day care that you are subsequently hit when you are walking from the day care. After being rushed to the hospital you find that you need to have brain surgery and will be in recovery and way from work for several weeks. So that you can recoup this money you sue the driver that hit you. But how do you know if your case is going to pay you dividends. This is where a good personal injury lawyer comes into play.

How to decide if you have a personal injury case

There are four things to consider in a personal injury case. The first is to establish a legal duty. This basically means that negligence needs to be proven on the part of the person you want to sue. The second is to prove that this duty of care was breached. Once you have proved that you were owed a legal duty of care, then you can state that the person who hit you has breached that duty. The third and fourth things to think about are proving causation- proving to the court that the person you are suing (defendant's) actions caused injuries, and assessing damages- for example losses.

In personal injury law, there are tangible losses and intangible losses. Tangible losses for someone who has suffered from a significant brain injury will often have long hospital stays with an intense degree of doctor observation. Due to the seriousness of the injury, and the amount of care that you receive from the hospital, the bill will often add to as much as millions of dollars. The ability to work for somebody who has suffered a serious brain injury can also be a tangible loss because their future income from work may be affected. Intangible losses are financial losses that are incurred both by the injured person and their family. For example, many times a one that has suffered a brain injury have had a change in personality, inability to cope and a reduced ability to do basic functions. With this sudden change in a loved one, it could cause those close to them to suffer from depression and make day to day life extremely difficult.

If you or your loved one had suffered both tangible and intangible losses due to the recklessness of someone else, then it is recommended that you seek a personal injury attorney. It is best to find a personal injury attorney that focus on your type of injury because they will be the most knowledgeable about the law regarding your specific injury. For example, quality Texas personal injury attorneys can be found at Parker-McDonald, P.C.




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