The Fundamental Elements of a Personal Injury Case

Personal injury cases can be separated into many distinct categories. There are those that are hurt in automobile accidents, and then people that are injured because of dangerous condition on someone’s property. Other categories include injuries occurring at work, medical malpractice, dog or animal attacks, faulty products, contaminated food, libel and slander, and the list continues. But what all these Examples have in common is that the behavior of another person caused the injury. Not every injury results in a legal situation. There must be some individual or thing that caused the event. When the cause of the episode is identified, then your attorney must also determine whether the conduct rises to the level of negligence. Unless you can prove negligence, then an injured victim would not have any legal claim for recovery.

Personal Injury Cases

For example, when someone runs a red light and crashes into your car resulting in you harms, then you’d have a legal claim against the other driver. However, where a man is hurt by falling down a flight of stairs, but there is not any evidence of anything wrong with the measures, then there would be no legal claim although the injury occurred on somebody else’s property. If you purchase food from a restaurant and you bite into a piece of glass which has been in the food, you’d have a valid claim against the restaurant for under the theory of liability. At the exact same time, if you break your tooth biting down on a piece of hard candy, you would not have a claim against the candy maker unless you can demonstrate that the candy was faulty.

The main thing every injured individual must understand is that a personal injury claim constantly depends upon two major questions. The first question is if there was an injury. Injuries may range from very serious life threatening injuries, while others can be serious but still worthy of some reimbursement. An accident may also result in the wrongful death of the victim thereby allowing recovery of other kinds of compensation which may not be offered in a personal injury case. The second question is whether someone is legally responsible for causing the injury. All these issues are totally separate and independent of one another. It is possible to maintain a check this link very serious injury, but if nobody is legally accountable, then there is absolutely not any claim. Additionally, you might be involved in a really serious traffic accident with a drunk driver. But if you were not hurt, then you would not have a personal injury case.