Have you sustained physical or psychological injuries following an accident that was as a result of someone else’s negligence or intentional acts? If yes, then you could have a personal injury case. Personal injury is an injury or illness that arises due to another person’s carelessness. However, not all injuries mean you’ll have a successful personal injury claim – which is probably why you are wondering whether you have a personal injury claim or not.
Luckily, it is not hard to establish whether you have a case or not. A simple consultation with a personal injury lawyer in Toledo can help you determine that. And the best part is, top lawyers offer a free initial consultation, which is an excellent opportunity to learn everything you would want to about your case and the best course of legal action that you can take to enhance your chances of winning (if you have a case).
There are three basic requirements for a personal injury lawsuit, which you will have to prove before you receive compensation for your injuries.
- That the responsible party was negligent
- That the negligence resulted in the personal injury or property damage
- That the injury caused you harm (compensatory damages)
Did you sustain a personal injury?
To file a personal injury claim, you must have sustained an injury – whether physical or psychological. If you broke an arm after a slip and fall in your office, you have suffered personal injury. Similarly, if you have experienced depression, insomnia or anxiety following an auto accident, you have sustained a personal injury. However, if you were involved in a minor crash and suffered no emotional or physical harm, you have not suffered personal injury.
Was the responsible party negligent?
To have a valid case, your injury must have been as a result of someone else’s negligence. Ideally, when a person acts negligently and causes harm to another, the negligent party is legally liable (or responsible) for their injury. According to the law, negligence is the failure to act with the same level of care as a reasonable person would under similar circumstances. You’ll need to determine that the responsible party acted negligently by proving that:
- They had a legal duty to act in a particular way toward you
- They breached that duty by acting or not acting is a specific way toward you
- Their action (or inaction) resulted in your injury
- You suffered injury due to the actions or inaction of the defendant and that the damage can be compensated with money
Are the injuries compensatory?
Lastly, you must have sustained a financial or personal injury that can be compensated by money damages. If you determine that the responsible party acted negligently, the insurance company may agree to settle the amount, or the court may award you, taking into account:
- Medical expenses that resulted from the injury
- Physical, mental and emotional suffering and pain
- Lost wages due to missed working hours
- Disability accommodating for your home or vehicle
- Lower earning capacity due to the injuries
- Loss of support and companionship
- Diminished life quality