As you lay in your hospital bed thinking about your accident, you worry about the financial hole you are entering. Accident victims, especially those that incur severe injuries, are possibly looking at months of recovery. Some of that recovery may require them to stay home from work, which can be problematic for hourly or commission-based employees, as a personal injury attorney, like from Yearin Law Office, can explain. It is necessary to seek restitution and compensation, but how do you know if you have a case? Primarily, personal injury claims come down to three fundamental requirements: (1) negligence, (2) injury and (3) harm.
- Negligence
Negligence or carelessness is the main component of a personal injury claim. Unfortunately, not every state defines negligence in the same way. For example, some states define themselves as no-fault states, which means, in a car accident, each driver is responsible for their own damages. Other states make sure that drivers only pay for their portion of an accident. Still, others limit liability. Therefore, it is necessary to understand how your state defines negligence as it relates to your injuries and accident.
- Injury
Next, a personal injury claimant must demonstrate that the incident resulted in physical injury or property damage. For example, if you are in an accident with a driver who ran a red light and collided with the side of your vehicle, causing your broken bones or other injuries, then you can claim the damages were a result of negligence. Every personal injury claim, by definition, must have an injury.
- Harm
Finally, a personal injury claim must show harm. In other words, if you did not sustain any injuries and your property was not damaged, then what is the purpose of suing. Your claim must demonstrate how the defendant’s negligence led to your injuries and caused you further harm. Harm most often refers to financial hardship and injury. For example, your sustained injuries have resulted in mounting medical bills and lost wages. You can also claim non-economic damages, like pain and suffering.
Accidents often result in injuries that amount to further financial losses. If you are not liable for the injuries you sustained, then it is only fair that you be compensated for your losses. Unfortunately, fairness does not often play a role in society, which means that you may need to take legal action to seek compensation for your injuries and monetary losses. Contact a local personal injury attorney to discuss the specifics of your claim and to determine the feasibility of taking legal action.