Are You Eligible For A Personal Injury Lawsuit
When you’ve been minorly or severely injured because of another person’s negligence, you may be able to begin a personal injury lawsuit to recover damages. This type of lawsuit can compensate for medical expenses, lost wages, and other costs. However, it is important to know if you have personal injury eligibility before filing a personal injury lawsuit.
In particular, you should know who can sue for personal injuries and what types of injuries are eligible for a personal injury lawsuit. By understanding these concepts, you can make an informed decision about whether or not to file your personal injury case.
When Can You File A Personal Injury Lawsuit?
You Need To Be Owed A Duty Of Care
The first step in any personal injury lawsuit is to show that the defendant owed you a duty of care. This means they were required to take reasonable steps to keep you safe from harm. For example, all drivers have a duty of care to operate their vehicles safely and avoid causing accidents.
The Defendant Breached Their Duty Of Care
Once it has been proven that the defendant owed you a duty of care, it must then be shown that they breached this duty. This means that they failed to take reasonable steps to keep you safe, and as a result, you were injured. For example, if a driver drives pass a red light and hits your car, they have breached their duty of care.
You Were Injured As A Result Of The Breach
The final step is to show that you were injured due to the defendant’s breach of their duty of care. This means that your injuries must be a direct result of the accident and not pre-existing or due to some other factor. For example, if you were in a car accident and broke your arm, this would directly result from the accident.
The Defendant’s Actions Were The Sole Cause Of Your Injuries
In some cases, there may be more than one party responsible for your injuries. For example, if you were hit by a car while walking across the street, both the driver and the pedestrian may have the fault. In these cases, it is important to show that the defendant’s actions were the sole cause of your injuries.
You Have Evidence
To win a personal injury lawsuit, you will need evidence to support your claim. This evidence can come in witness testimony, medical records, accident reports, or photos.
What Types of Injuries Are Eligible for A Personal Injury Lawsuit?
- Physical injuries: The most common type of injury in a personal injury lawsuit is a physical injury. This can include injury to your body, such as a broken bone, a concussion, or whiplash.
- Emotional injuries: In some cases, you may also be able to recover damages for emotional injuries. This can include things like anxiety, depression, or post-traumatic stress disorder.
- Property damage: In some cases, you may also be able to recover damages for property damage. This can include things like the cost of repairing your car or replacing your belongings.
Begin Your Personal Injury Lawsuit Process With Us
If you need to start your personal injury lawsuit process ASAP at Hashem Law Firm, we can help you with that. We are experienced attorneys that can aid you in any legal action. Our team can help you determine if you have a valid claim and what type of evidence you will need to support your personal injury case.
Once we state that you have personal injury eligibility, you can be sure that you’ll have a great team of attorneys to defend you even against big corporations. We are well-known in courts around Arkansas and will use all our experience to fight for your rights.