Multiple factors are involved in determining if someone can claim a personal injury case in an accident, and collect from the responsible party. Firstly, it must be possible to prove that the other party is responsible for your injury due to carelessness.
For an accident to be claimed as personal injury, the injury “must have been caused by the negligence of another individual, property owner, property management company or even a local, state or federal government.” (Laird Hammons Laird)
Proving that your injury was caused by another party is complex. There are four total aspects that must be proved to hold the other party legally liable and be awarded damages:
1. “The party had a duty to act reasonably according to the circumstances.”
2. “The party breached the duty.”
3. “The party’s breach of the duty caused you to be harmed.”
4. “You suffered monetary damages due to the harm you suffered when the party breached its duty of care.” (Laird Hammons Laird)
Sometimes it is clear who is at fault – for example, when a red light is ignored, and a driver broadsides another vehicle, seriously injuring the passengers. This is clearly a personal injury case. When the claim is filed, the negligent party’s insurer makes a settlement offer (if the party has insurance.)
However, when injuries are minor (for example, they cause only slight inconvenience, and not required you to take days off from work or seek medical attention,) there will probably not be a personal injury case.
If the line is blurred as to whether a personal injury case need be filed, some attorneys offer free consultations, to “review the circumstances surrounding the injury and and determine whether or not it is a good idea to pursue a claim.” (Laird Hammons Laird)
Accidents happen, and both personal and commercial auto insurance companies may try to deny or minimize the amount they will pay. To make sure you are treated fairly, contact R.E. Lopez & Associates. You can schedule at free consultation to make sure your are fairly compensated for your injuries.