Even though you may have fallen victim to an accident, it doesn’t automatically mean you have a personal injury case.
If you or a loved one have been injured due to someone else’s negligence, you may be wondering whether or not you have a personal injury claim. If you wish to seek financial compensation for an injury, you must be able to prove three important things:
1(a). The party who is responsible for the accident acted carelessly (they were negligent). For example, if the driver of a car hit a motorcyclist because they failed to yield at a flashing yellow light, the driver of the car would be held responsible. However, if the motorcyclist ran a red light and collided with the driver of the car, the motorcyclist would not have a valid personal injury claim. The driver of the car would.
1(b). A person or entity’s negligence caused your injury. In example 1(a), if the innocent victim endured a bone fracture and recurrent migraines as a direct result of the collision, the negligent party would be held liable for those injuries. Conversely, if you have a history of migraine headaches and/or a pre-existing bone break, it would be harder to prove that the negligent party was responsible for those injuries.
1(c). The injury caused monetary damages. In example 1(a), if the injury victim’s broken bone(s) and migraines directly contributed to medical bills, lost wages, and/or pain and suffering, the injury victim would be entitled to compensatory damages.
Personal Injury FAQs
Even though you may have fallen victim to an accident, it doesn’t automatically mean you have a personal injury case.
If you or a loved one have been injured due to someone else’s negligence, you may be wondering whether or not you have a personal injury claim. If you wish to seek financial compensation for an injury, you must be able to prove three important things:
1(a). The party who is responsible for the accident acted carelessly (they were negligent). For example, if the driver of a car hit a motorcyclist because they failed to yield at a flashing yellow light, the driver of the car would be held responsible. However, if the motorcyclist ran a red light and collided with the driver of the car, the motorcyclist would not have a valid personal injury claim. The driver of the car would.
1(b). A person or entity’s negligence caused your injury. In example 1(a), if the innocent victim endured a bone fracture and recurrent migraines as a direct result of the collision, the negligent party would be held liable for those injuries. Conversely, if you have a history of migraine headaches and/or a pre-existing bone break, it would be harder to prove that the negligent party was responsible for those injuries.
1(c). The injury caused monetary damages. In example 1(a), if the injury victim’s broken bone(s) and migraines directly contributed to medical bills, lost wages, and/or pain and suffering, the injury victim would be entitled to compensatory damages.