3 Signs of a Personal Injury Case
Being injured in an accident or some other incident can alter the course of your life. Suddenly, you have medical debt, lost wages and other monetary losses. As a Newark personal injury attorney from a firm like Rispoli & Borneo can explain, if you were injured because of someone else’s negligence, you may be entitled to compensation. Most people understand that they can file a lawsuit against someone else when their actions cause harm, but they aren’t always sure what constitutes a personal injury case.
Here are three signs that you should contact a lawyer about a personal injury case.
There are two categories of damages awarded when you file a personal injury claim. There are compensatory damages and punitive damages. Compensatory damages reimburse you for medical bills, lost wages, pain and suffering and repair bills. If you decide to file a lawsuit, the damages should be significant enough that a personal injury lawsuit is worth it. Keep in mind that court cases can be expensive and you want to be awarded enough money to make it worthwhile.
Punitive damages, on the other hand, are not awarded in all states. These are damages that the judge awards the plaintiff because of the defendant’s actions. The point of punitive damages is to punish the defendant and to deter others from those actions. Generally, punitive damages are awarded if the judge wants to make an example out of the defendant.
Causation and Liability
To file a personal injury claim, the other person had to owe you a duty and be the cause of your injuries. For example, if you were invited to someone’s home and suffered a broken leg because of hazards on his or her property, then you might have a claim against the homeowner. When a person invites another over, it is up to the individual to keep the property safe from all hazards. However, if a person trespasses and is injured, it may not be the homeowner’s fault because he or she did not owe the trespasser a duty.
Evidence is one of the most important elements of a personal injury case. Without evidence, it can be difficult to prove the case. Gather all documents about your injuries or damages. If there are police reports or witness testimonies, those can serve as evidence also.
If you suffered an injury due to someone else’s negligence, then you probably have a personal injury case. Suppose you have any uncertainty about fault, damages or whether you have enough evidence, set up a meeting with a personal injury lawyer. Most offer a free consultation to determine whether you have a case.