When you, a family member or friend has been injured or killed at a business, work, in a car accident or any publicly or privately owned place, you may have considered looking into personal injury lawsuits. Most often people pursue these lawsuits because they are being bombarded by medical bills and expenses as a result of their injury or because they have been unable to work while they are recovering. Regardless of why you are considering filing one of these lawsuits, you can find out if you are eligible below.
YES OR NO?
Every state is different when it comes to the factors that are taken into account when it comes to a personal injury lawsuit. So consulting with a personal injury lawyer in your state of residence is always a good idea. However, to give you a better idea of whether or not you even stand a chance at winning one of these lawsuits, we can give you the basics. The most common aspect of all personal injury cases is that there was negligence at some point that caused the injury to occur.
The four key components to a negligence claim are as follows:
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Duty
If you want to file a negligence claim, your lawyer will first have to be able to prove that the other person owed you a duty. This could be something like driving safely or having a safe space for you to shop or work.
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Breach
Secondly, your lawyer will have to be able prove that the other party’s act or omission breached the duty they owed you. If you unsure if you can prove this, an experienced personal injury lawyer can help you identify if the duty owed to you was breached or not.
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Causation
Your lawyer will then have to prove that the duty breached actually directly contributed or caused your injury or loss. This means an injury that you previously had that was simply worsened by a recent breach of duty may not win you the lawsuit, as it was a pre-existing condition.
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Damages
Last but certainly not least, you will have to be able to prove that you have suffered an injury of some kind. This can be a straightforward physical injury , extreme emotional trauma, outrageous financial burdens or, obviously death. Regardless of what your damages are though, they had to have occurred because of the accident and the accident alone.
If you think you prove all of the aforementioned aspects of this type of lawsuit then you may have a good chance of receiving compensation for your troubles and pain. Keep in mind, however, that you may be barred by law from filing in particular situations or against particular parties. On the other hand, if you think you are a candidate for a personal injury lawsuit, you should contact the Law Offices of Donald A. Green. We have helped many like you in the past and we can get your the compensation you deserve for what you have been through.
