Filing a personal injury lawsuit is a good idea in many cases. If you have been wronged this is a good way to get the restitution that you deserve and send a strong message that this kind of behavior will not be tolerated. However, just because you have been wronged or in an accident doesn't mean that you will necessarily have grounds for a personal injury lawsuit. Here are a couple things that must be present to make a legitimate personal injury lawsuit.
1. The Other Party Had To Have Been Reckless Or Negligent
Accidents happen everyday, and not every incident merits a lawsuit. One of the most important things that must be present is that there has to be some sort of negligence or recklessness from the other party. For example, if you were in a car accident that resulted from someone slipping on the ice and losing control of the car, you might not have a case. The person might have done everything that they could have to avoid the accident, but the ice caused it. Conversely, if you were in a car accident because another person was texting while they were driving, then you might be able to file a lawsuit against them.
2. The Other Party Had To Have A Duty and Responsibility Towards You
Another important factor is that the other party had to have some sort of responsibility or duty to protect you when they harmed you. It should be noted that whenever you get into a car you have a duty to drive safely and protect others on the road. However, if you trespass onto someones property and are injured, you probably wouldn't have a case. This is because the person has no duty or responsibility to you since you were on their property uninvited.
3. There Must Be Some Quantifiable Injury
There are some accidents that happen but they are without injury to either party. The accident may have been inconvenient, but since there was no injury, you probably wouldn't have a personal injury suit.
In order to have grounds for a lawsuit you have to be able to prove that you were injured and damaged in some way. This doesn't necessarily have to be on your person, it can be damage to property, but there has to be some sort of way to determine that there was an actual injury.
If you have these three things you should consider filing a personal injury lawsuit.
To learn more, contact lawyers like Dobko & Wheaton.
Share2 November 2015
