A personal injury lawsuit is a civil lawsuit filed by an injured person against another person, business, corporation, or government agency for injuries that entity caused due to its own negligence. When an individual sustains an injury, that person should seek out a personal injury lawyer that will represent their interests and rights due to the physical and/or psychological injuries they have suffered.
1. Did you suffer a personal injury?
A personal injury is different from property damage. For example, if you broke your leg or sustained a concussion after a fall, then you have suffered a personal injury. If you experience extreme depression, anxiety, or insomnia after a car accident, you have suffered a personal injury. The damage that your vehicle sustained in a car accident is property damage, not a personal injury. If you have not experienced any injuries to your body or psyche, then you have not suffered a personal injury, and there may not be anything for you to recover for.
2. Were your injuries caused by the negligence of another person or entity?
When a person or entity is negligent, and that negligence causes injury to someone, they may be held responsible for the injuries they have caused. There are 4 elements to a negligence claim:
Duty: This means that the defendant had a legal duty to behave in a certain way towards you under the circumstances which you were in and did not do so.
Breach: The defendant breached that duty by acting or failing to act in a certain way towards you.
Causation: The actions (or inaction) of the defendant were the legal cause of the your injury.
Damages: You were injured or otherwise harmed as a result of the actions or inaction of the at fault party, and money damages can serve as a remedy to these damages.
3. Do you have recoverable damages?
Recoverable damages include medical bills from medical treatment received due to the incident, income loss, pain and suffering, and emotional distress. These are called compensatory damages. A personal injury attorney can review your damages and advise you which are recoverable and help evaluate your claim.
Your personal injury attorney can explain to you the positives and negatives of your case, and what hurdles he or she expects to have to overcome to obtain a successful outcome for you. Ideally, your attorney has experienced what you are going through hundreds, or even thousands of times, and can help you understand what to expect, because this is likely a new experience for you. The job of a personal injury lawyer is to maximize your claim by using their experience along with the positive aspects of your case to leverage the highest settlement for you. A good personal injury attorney should be willing to file a lawsuit on your behalf if a reasonable settlement cannot be obtained without doing so. Thompson Legal, P.A attorneys have years of experience working with personal injury victims and understand the steps they have to take to make sure that their clients get the best results possible. Thompson Legal understands how their clients’ damages, losses, and harms must be presented to an insurance company and the Court to maximize the value of their client’s case. Thompson Legal has built a reputation as a law firm who fights aggressively for their client’s rights in and outside of court.
If you or a loved one has suffered injury or damage because of someone else’s negligence, Thompson Legal, P.A can help.