Personal Injury Claims

A personal injury lawsuit is a legal action that an injured party (the plaintiff) files against a wrongdoer (the defendant). Personal injury claims can arise from situations involving medical malpractice, product liability, construction accidents, and many other scenarios. There are many components that make up a personal injury lawsuit:

Breach of Duty

To file a personal injury claim, you must show that the defendant breached a duty of care that was owed to you. Sometimes the duty is dictated by law, such as the duty not to run a red light; other times the breach is a common-sense duty, like a driver giving the right-of-way to a pedestrian crossing the street.

Damages

The plaintiff in a personal injury claim must be able to establish that they suffered damages. The loss or injury can include physical harm, property damage, or emotional suffering. For instance, if you are in a car accident in which there is no damage to your car or your person, then you will not have a right to collect money for the accident even though the other person was at fault.

Causation

Additionally, to file a personal injury claim, a link must exist between the breach of duty and your damages. If you are in an accident in which you sustain damages and the accident is the fault of another because that person breached a duty owed to you, then you may have a personal injury case.

Timeliness

All states have a certain time limit between the incident and the filing of your claim that you must be aware of. Called a statute of limitations, this time limit varies by type of injury and each state’s laws. If your claim is not filed within this time frame, you will lose your right to pursue compensation for your injuries.

If you have been injured and think you may have a legal claim against another, contact a qualified personal injury attorney to help you determine your next steps in pursuing a personal injury action.