3 Components Of A Good Personal Injury Claim

3 Components Of A Good Personal Injury Claim

31 March 2020
 Categories: , Blog

In this day and age, it can seem like you can sue someone for just about anything, but there are definitely some restrictions. When it comes to personal injury cases, many attorneys won't even look at your case unless it meets a few conditions, because otherwise it just won't be successful. Your personal injury attorney can sit down with you to see if you meet any of these criteria. Here is what they are going to be looking for.

1. Causation

When it comes to personal injury claims, your attorney must be able to prove that causation happened. For instance, while you may state that you lost your ability to walk because of a car accident, it could have been caused by something else. Your attorney and their investigators will have to determine that the only way that you sustained your injury was because of the fault of someone else.

2. Failure to Exercise Reasonable Care

One of the first things your personal injury will look at in your case is whether or not someone failed to exercise reasonable care. Reasonable care is something a rational person would use in order to prevent harming other individuals. For instance, if you were involved in a car accident because someone fell asleep at the wheel or they were intoxicated, then they failed to exercise reasonable care. Similarly, if you were under the care of a physician and they didn't' have your best interest at hand, then this may also fit under that bracket. 

3. Damages Suffered

If everyone who was in a car accident sued the other person, then the legal system would be completely out of whack. Similarly, if everyone who left a doctor's office sued their provider, then the healthcare system would fall out of place. One of the things that your attorney will have to prove is that you suffered physical and/or financial damages from the accident or injury. While a broken arm may be damaging to you, it's not necessarily a severe injury that will likely warrant a lawsuit. If, however, you fractured your back and were almost deemed paralyzed, then that is something that may get you the compensation that you deserve.

Most personal injury attorneys will not collect payment from you until your claim has been settled which means that they will be really picky about what cases they choose. If your case meets all of these criteria, then you may want to meet with a personal injury attorney near you.

For more information, reach out to a personal injury lawyer today.