Viability Of A Personal Injury Claim
After being hurt in a serious accident, it is normal to have a lot of questions. Health insurance might be covering your treatments, but oftentimes the bills go above and beyond that particular coverage. Are you entitled to receive financial compensation for your injuries? It is sometimes necessary to file a personal injury lawsuit when someone is unable to obtain fair compensation from the insurance company or responsible party. Ensuring that individuals who have been harmed by the negligence or intentional act of another receive the compensation they need and deserve is the reason for the existence of personal injury law and lawsuits. It’s important to understand that even if you were hurt very badly in an accident, you may not have a valid personal injury lawsuit or a valid personal injury claim. In order to determine if you have a viable personal injury claim, you need to ask yourself he following questions.
Did you suffer a personal injury or just property damage?
In order to bring an injury lawsuit or claim a personal injury must have occurred. It can be an injury to your body, mind, or emotions. To clarify, a personal injury can be either physical or psychological in nature. Breaking a leg or sustaining a concussion after slipping and falling is suffering a personal injury. Experiencing anxiety, depression or other regressive symptoms after a traumatic car accident is suffering a personal injury. The law clearly distinguishes between a personal injury and property damage. Being involved in a minor fender bender which caused minimal damage to your vehicle and left your body and psyche unharmed does not classify as suffering a personal injury.
An insurance company or a small claims court is the proper avenue for a remedy in that type of mishap. However, it does not constitute a legally recognized basis for a personal injury lawsuit. Under 3% of all personal injury cases brought ever see the inside of a courtroom. The majority of them settle amicably outside a courtroom. However, it is the threat of litigation that compels the defendant’s insurance company to offer a fair settlement.
Were the injuries caused by the negligence of another party?
If your personal injury or injuries were caused by the clear and provable negligence of another party then you have a viable personal injury claim. When another person or entity acts in a careless manner and causes injury to you, the careless person or entity is held liable for your injury or injuries and any other additional resultant harms under the legal principle of negligence. Negligence is defined as the failure to behave with the level of care that a reasonable person would exercise under the same circumstances.
Are there any potentially recoverable damages in your case?
In order to receive monetary compensation it is necessary that you must have suffered personal or financial harms. When you establish that another party acted negligently, the court may award you damages or insurance may offer an amicable settlement that takes into account:
- Medical bills
- Physical pain, emotional and mental anguish
- Lost wages
- Reduction in earning capacity
- Disability accommodations
- Diminished quality of life
- Loss of companionship
These damages include economic damages such as medical bills and lost wages. Non-economic damages include pain, suffering and diminished quality of life making them more difficult to calculate. It is often a wise idea to consult with an experienced personal injury attorney in order to obtain a reasonable and practical estimate. One of the main factors to consider prior to filing a personal injury lawsuit is whether there is the actual ability to recover the damages awarded to you by court. Filing a personal injury lawsuit against a party with no job or other assets such as a residence or a vehicle may ultimately result in no recovery from that party whatsoever.
If your situation meets all of these criteria then you may be able to obtain financial compensation for your injuries by bringing a personal injury lawsuit. In order to obtain appropriate compensation, you must retain the services of an experienced Personal Injury Attorney Mesa AZ.
