How Do You Know If You Have A Personal Injury Case? (July 18th 2018)
Have you been injured in a car accident, a slip-and-fall, or during medical care and wondering if you should contact a lawyer? In order to have a personal injury case, you need to show that your injury is someone else’s fault, meaning someone else is negligent. You also need to have been injured significantly enough that legal action is worth taking.
It’s an onus on the plaintiff–the one who was injured and bringing suit–to prove that someone else’s negligence was the cause of injury. In certain situations, a person has what is known in legal terms as “duty of care” not to cause harm to others. This includes going to certain reasonable measures to prevent injuries from occurring. In order to prove someone was negligent, the injured party has to show that the defendant actually had duty of care in that situation and that the duty of care was breached, meaning standards of care were not met. For example, a doctor prescribed an inappropriate dose of medication, or a driver did not follow traffic laws.
If you scraped your knee, there is not much a lawyer can do for you. In order for an injury to be serious enough for legal action, you need to have significant medical bills, as well as other damages such as loss of wages, diminished quality of life, and even emotional distress caused by the accident leading to the injury. There are many other kinds of damages a plaintiff can collect for, as well as punitive damages to “punish” the defendant for breaching his or her “duty of care.” Every personal injury lawyer will determine which cases have merit and which are not significant enough to take. If you ever have any questions about whether or not legal action is possible, don’t hesitate to call your lawyer and ask.
At Weinstein, Chase, Messinger & Peters, we will walk you through the entire legal process of bringing suit and will explain terms and strategies every step of the way. We take every case seriously and fight fiercely on behalf of our clients so they get as much compensation as they deserve. If you have suffered an injury due to someone else’s negligence, call us right away so we can help you collect for all relevant damages.