Determining whether you have a valid personal injury case involves understanding the essential components of these types of cases. It’s helpful to understand what the most common types of cases are as well as what’s needed to prove your claim.
There are several types of personal injury cases that typically occur more frequently than others. Recognizing these common scenarios can help you determine if your situation fits into one of these categories:
This is not an exhaustive list, so don’t assume that if you weren’t injured in one of these ways you don’t have a case.
A key aspect in almost all of the above scenarios is the requirement to prove negligence on the part of the defendant. This means they did something or failed to do something, leading to your injuries. To successfully establish negligence, you must prove the following four elements:
The first step is proving that the defendant owed you a duty of care. This refers to the responsibility or legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. For example, drivers must take reasonable measures to prevent harm from occurring to others on the road.
As the injured party, you must demonstrate how this established duty of care was breached by the other party. This could include a driver running a red light, a property owner failing to maintain their property, or a medical professional engaging in substandard care.
Next, you will need to prove that the defendant’s actions (or lack thereof) directly led to your injuries. For example, the fact that the defendant ran a red light is what caused your accident.
Finally, all valid personal injury claims require a demonstration of damages. This means showing that you suffered financial losses as a result of the accident. This most commonly includes medical expenses, lost wages, and compensation for pain and suffering.
Proving these elements requires legal experience and evidence, which is something you will likely need help with.
The best way to truly know whether you have a solid personal injury case and to prove the other party was negligent is to consult with an experienced Mesa personal injury attorney. They possess the skills and knowledge needed to analyze your situation and guide you accordingly.
Remember, we’re here for you during this challenging time. Shouldering pain from an unfortunate and unexpected accident while figuring out its legal implications can be intimidating and overwhelming. Contact us today to schedule a free consultation with a personal injury lawyer.