How Do I Know If I Have a Personal Injury Claim?

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California is known as a litigious, or sue-happy state. Many times, when a person gets hurt, they want to blame someone else, such as a third party, for their injuries. Unfortunately, just because a person is injured, that does not necessarily mean that he or she has a personal injury claim.

How do you know if you have an personal injury claim?

In any personal injury lawsuit, there are two parts of the case: (1) the liability and (2) the damages. The liability is where negligence is found on the other party. For the case to be viable, there must be an indication that the third party, or the defendant in the potential lawsuit, was negligent. In legal terms, negligence is the failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Your experienced Los Angeles personal injury lawyer will help walk you through the facts of your case to see if the other party was negligent.

Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. There are four steps in proving negligence. The plaintiff must prove:

  • that there is a duty in the circumstances to take care duty of care
  • that the behaviour or inaction of the defendant in the circumstances did not meet the standard of care which a reasonable person would meet in the circumstances (breach of duty)
  • that the plaintiff has suffered injury or loss which a reasonable person in the circumstances could have been expected to foresee (damage)
  • that the damage was caused by the breach of duty (causation).

– See more at: http://www.lawhandbook.sa.gov.au/ch29s05s01.php#sthash.fVsKfniN.dpuf

Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. There are four steps in proving negligence. The plaintiff must prove:

  • that there is a duty in the circumstances to take care duty of care
  • that the behaviour or inaction of the defendant in the circumstances did not meet the standard of care which a reasonable person would meet in the circumstances (breach of duty)
  • that the plaintiff has suffered injury or loss which a reasonable person in the circumstances could have been expected to foresee (damage)
  • that the damage was caused by the breach of duty (causation).

– See more at: http://www.lawhandbook.sa.gov.au/ch29s05s01.php#sthash.fVsKfniN.dpuf

Now that you have determined that the other party is liable, you must show damages. For example, if your car is rear-ended but you go home, feel fine, and do not suffer any injuries (such as whiplash) then there are no damages. On the other hand, if you go home, experience headaches or neck or back pain and you visit a doctor who confirms your injuries, then you might be able to make a claim for damages.

 

If, in a personal injury lawsuit, you are able to show damages for your injuries suffered, you can recover financially for them. These compensatory damages can include hospital visits, lost wages, emotional trauma, and more.

To see if you have a potential personal injury claim, contact the aggressive trial lawyers at BIKLAW today.

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