Personal injury lawsuits are becoming incredibly common. You may have seen someone you know file a personal injury lawsuit and have a positive outcome, and you might be wondering if filing a lawsuit is something right for you. Although you may have been in an accident, that doesn't mean that you have a good case. Here are some things that you need in order to have a good personal injury lawsuit.
1. The Other Party Had To Have A Duty Toward You
It is important that the person who injured you had some sort of duty towards you. For example, if you were driving through a construction zone that was not labeled correctly and you damaged your car and injured yourself, you could have a case. This is because the construction company had a duty to properly label the area so that people drove safely. However, if you decided to go onto another person's property uninvited and fell into a hole in the ground, you would have no case. The other person had no duty to protect you since you were on their private property, and you were there uninvited.
2. There Had To Be Fault Of The Other Person
It is important that the other party is at fault in the accident and that you were the more innocent one. This doesn't have to mean that you were perfectly innocent, but had they followed the rules, or had they not been reckless you should be able to prove that there was no accident. For example, if you were driving through the construction zone and it was labeled that you needed to drive at 25 mph but you were speeding at 40 mph and you were injured by a construction truck, it could be argued that had you followed the rules you wouldn't have been injured. You have to be following the rules and still get hurt in order to have a legitimate case.
3. There Has To Be A Quantifiable Injury
In order to file the suit you have to be able to prove some sort of injury and that injury has to be quantifiable. For example, if you were embarrassed because you fell into a construction hole, but you had no physical injuries or damage to property, then you don't have a case. Instead, there has to be injury of person or personal property that you can prove. Otherwise you have no case.
By knowing what you need for a personal injury lawsuit, you can decide if filing a lawsuit is right for you. You can also contact a professional lawyer, like those at Tarkowsky & Piper Co. LPA, for more information.