Before you can think about the value of your case, you need to figure out its legal category and if it has any value at all. Your goal is to achieve a recovery whether by judgment or settlement. But not every case is worth pursuing. Although every case is different, certain general principles apply. In this blog post, we will discuss what a personal injury case is all about and how to determine if you should pursue your personal injury case.
What is a Personal Injury Case?
If you have suffered a personal injury and you now have medical expenses caused by the wrongful act of another, you may be able to pursue a personal injury case. In most cases, the injury may be caused by another person’s violation of a statute or commission of a tort. A tort occurs when someone commits a wrongful act which is not a breach of contract and not necessarily a crime. Everyone has a duty to use reasonable care in their daily dealings. When someone violates that duty of reasonable care, that is a tort. Some laws assume the injured person is entitled to compensation even without proof of a wrongful act. Strict liability laws vary from state to state, but examples include laws governing dog bites, airplane crashes, and dram shops or social hosts. Someone who brings a claim against another to collect money for a personal injury is a claimant and, once a lawsuit is filed, is properly called a plaintiff. If the person or entity against whom the claim is brought is insured, that person or entity is the insured. Once a lawsuit is filed, the person or entity against whom the claim is brought is the defendant. Defendants can also sue each other and bring in additional persons or entities for reimbursement. Depending on the specific facts of the case, those persons or entities might be called counter-defendants or third-party defendants. Any of these parties can also file a claim against the plaintiff within the same lawsuit. Common categories of personal injury cases include car accidents, slip and falls, dog bites, medical malpractice case, product liability, wrongful death, negligent security, and other types of negligence.
Determining Liability, Causation and Damages
To determine liability, the first question that must be asked is whether the defendant committed a wrongful or tortious act. If not, there is no way you are going to be able to order the defendant to pay for your injuries. Next, the plaintiff must show it was the defendant’s wrongful act that caused the damages the plaintiff is seeking compensation for. Think of causation as a bridge between liability and damages. Finally, without proof of damages, you don’t have much of a case. In order to do this, it is important to gather records of all medical expenses and lost earnings, if any. No meaningful evaluation can occur without this documentation. Unless there is a source of compensation for your injury, there is usually little point in pursuing a legal remedy. Thankfully, liability insurance is usually available for most personal injury cases. Large corporations and governmental entities may be self-insured. If your claim is against an uninsured individual or small business, it may not be financially feasible to pursue your claim.
Speak with a Car Accident Attorney Miami Today!
If you have been injured in a motor vehicle accident, you have the right to file a personal injury lawsuit against any responsible parties. Depending on the situation, the driver, owner, or manufacturer could be liable. Our legal team of Miami car accident lawyers have decades of experience handling car accident cases. With an extensive understanding of personal injury law, our team of attorneys can work with you every step of the way, offering the expert legal guidance you need to win your case. We will take care of all legal matters that relate to your claim or lawsuit and develop the best legal strategy for your individual case to ensure the successful recovery. We will not rest until we have developed and presented the most persuasive argument possible, and ensure you receive fair and just compensation for your damages. After being involved in a car accident, the last thing you want to think about is filing a lawsuit. However, you deserve compensation for your injuries and property damage. A consultation appointment takes less than an hour in most cases, and if you have unrecovered losses, it could wind up being one of the best investments of your time that you’ll ever make. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
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