subject: Personal Injury Law 101: What Qualifies As A Personal Injury Case [print this page] If you suffered an injury and are trying to decide if you have the grounds for a valid personal injury lawsuit, you may be unsure about whether or not your case qualifies. Start by asking yourself:
Did I suffer a physical, psychological, or emotional injury?
Was that injury caused by someone elses negligence?
Did that negligent party have a legal duty to exercise reasonable care?
Did that negligent party violate that duty and did that breach result in my injuries?
If you answered yes to these questions, then you may have a personal injury lawsuit. However, each case is different. Determining whether you have a personal injury claim can often prove challenging as not every injury suffered constitutes grounds for a lawsuit. Further complicating the issue is that each state has a different set of criteria and requirements for filing a personal injury lawsuit.
The best way to decide if you have an actionable personal injury claim is to speak with a lawyer as soon as possible. Consulting an attorney early on is beneficial as they will be able to talk to you about your situation, assess your options, and determine if you have a claim for damages. In some cases, even if you have suffered an injury, and can prove that another party was responsible for those injuries, you may still not have a case if you cannot prove you suffered compensable damages such as lost work, medical bills, pain and suffering, or loss of property.
Gather all relevant documents and information related to your case, and set up a meeting with a lawyer who can best advise you as to how to proceed. Many attorneys will provide a free initial consultation. If an attorney decides based on the merits of your case to move forward, you may still be able to avoid a lawsuit. In some situations, an attorney is able to contact the other party (their insurance company or attorney) and settle the matter without having to file a lawsuit, thus avoiding a long and often frustrating process.
