The decision to file a personal injury case after you’ve been hurt in an accident is one that requires careful analysis. There are certain legal requirements for making a claim, and you will want to be sure you can meet those requirements. The facts of most cases do fall within the legal parameters for a case, but it is always a good idea to have your case reviewed by a competent personal injury attorney to find out what you can expect during the proceeding.
Four things to look for when deciding whether to file a personal injury case include:
- Was there an injury, or any damage to your vehicle? Not all accidents cause injuries, and if you are not injured you may not be able to make a claim for recovery. Or, your case might be one where there only damage was to your property. If that is the case, you can still file a case for the compensation needed to repair or replace your personal property.
- Did the other driver cause the accident? You will need to establish that the accident was the fault of a driver other than yourself in order to bring a case against them for damages.
- Was the other driver negligent? Negligence is the standard applied in most personal injury cases and it is defined as acting or failing to act as most people placed in similar circumstances would.
- Are the elements of negligence present? The law requires that not only is the person who caused the accident to have acted or failed to act as others would in similar circumstances, but that the situation actually called for the negligent person to behave a certain way. This is called the duty of care, and must be present in order to establish negligence.
Developing the facts of your case to demonstrate these four things takes careful analysis, and application of the law to those facts. We have helped other people prove their case, and make successful personal injury claims and can help you too.
If you have been in an accident, call our office for help. Let an experienced attorney help you figure what is best for you. Call a Bloomington, Minnesota personal injury attorney today.