Accidents happen. If you have been injured in an accident, this doesn’t necessarily mean that you have a personal injury claim. Likewise, if you were injured, it might mean that you do have a case. If you aren’t familiar with personal injury law, then you might be confused as to what a valid claim entails. The following are the basic requirements for a personal injury lawsuit.
There Were Compensatory Damages
Even if you were in an accident, if there were no damages, then you cannot file a claim. The basis of a personal injury lawsuit is that you suffered damages that you deserve compensation for. Often, these are medical bills, pain and suffering or lost wages. In fact, many accidents result in a mix of different damages.
For instance, say that you slipped and fell in a grocery store. The store may be responsible if they did not maintain a safe store. However, if you fell and had no injuries, then the store does not have to pay you for any damages. On the other hand, if you fell and suffered a break to your hip or other medical issue, then you may be able to file a claim.
There Was a Negligent Party
After an accident, if you want to file a personal injury claim, there has to be someone who was negligent. For instance, if you are in a car accident because another person ran through a stoplight, then that person was negligent and is responsible for your damages. In addition to there being a negligent party, the person’s negligence had to cause the injuries.
The negligence has to cause the injuries directly. In car accident cases, for instance, you may see damages reduced because the injured party was not wearing a seatbelt or is partially responsible for his or her own injuries.
If you were in any type of accident or suffered any injuries due to someone else’s negligence, then it is possible that you deserve compensation. Keep in mind that all areas of the law can be complicated and if you want to make sure that you have a claim, you should speak with a lawyer. In addition, a lawyer can make sure that you file all of the proper forms and documentation necessary.