Understanding Whether You Have a Personal Injury Case

Medical Malpractice Lawyer

You may have heard about personal injury cases, and when faced with an injury could get excited at the prospect of receiving a big payout. Unfortunately, you can’t just sue anybody for any type of injury and win the case. It’s best to speak with your personal injury lawyer to understand whether you have a case or not, but the following can give you some direction in the meantime.

The Requirements

When you’re injured, you won’t receive compensation simply by announcing someone caused you an injury. There are three things you have to prove in order to have a personal injury case. They are:

  1. Proving the other person was negligent. Personal injury cases thrive on negligent behavior. If you were hit by a car because the driver was on his or her phone and didn’t see you in the crosswalk, it could be considered negligent. If the driver hit you because of impaired sight, such as the sun-blocking his or her view, you may not have a case. Of course, just because you feel the driver was negligent, that doesn’t always mean you have a case. It must be proven and the judge must agree with you to move forward.
  2. Proving the incident actually caused your injuries. If you were in a car accident in which the other driver was negligent, and you got a broken leg from it, you would have to show you didn’t have the broken leg prior to the accident. If you injured your leg by falling down your stairs and were on your way to the hospital to have it checked out when you were in the accident, it wouldn’t qualify for a personal injury case against the other driver.
  3. Proving the injury caused financial burden. Compensatory damages are often a huge part of personal injuries because of the time you have to take to receive care. If you took time off work to attend medical appointments, it probably cut into your paycheck. You could then receive compensation for lost wages in addition to medical bills. Personal injury also allows for pain and suffering compensation.

Receiving the Assistance of an Attorney

If the previously mentioned three requirements apply to your situation, it’s possible you have a case for personal injury. The best way to find out whether you should move ahead with a lawsuit is by contacting a medical malpractice lawyer in Deer Park, TX who can assist you. With professional legal help on your side, you may be able to receive a greater compensation.

Thanks to John K. Zaid & Associates for their insight into personal injuries and how to know if you have a case.

Posted on June 22, 2019 @ 6:17 pm

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