Being injured in an accident is only one aspect of filing a personal injury claim. There are basic requirements that must be met before your case can be considered a personal injury case. If you or a loved one have been harmed by someone’s carelessness, before you rush out and file a personal injury claim, you must make sure your case meets the requirements.
If you plan to sue for damages, you have to prove three things:
1. The responsible party acted carelessly (negligently). For example, a driver crashed into an innocent victim operating another car waiting at a stoplight. The responsible driver’s actions were found careless and, therefore, negligent because she was distracted from texting while driving and veered into the wrong lane. Under the law, the responsible party’s actions were careless and, therefore, negligent.
2. The negligent party’s actions caused injury to the victim. The victim in the example above was diagnosed with a traumatic brain injury and suffered two broken bones as a result of the crash. The responsible party’s actions would be the cause of the personal injury in the case.
3. The injuries sustained in the crash caused harmed and loss to the victim requiring (compensatory damages). The traumatic brain injury and broken bones in the previous example sustained by the victim led to material losses from missed wages, medical bills, pain, and suffering.
Injuries are a Major Component in a Personal Injury Claim
In the example above, a victim suffering from serious injuries, like a traumatic brain injury sustained in a car crash, will have major expenses associated with their recovery. These types cases that cause severe injuries can produce serious damages, which are an important component of a personal injury claim. Injuries sustained in a serious accident like in our example have to be connected to the accident and not some other cause. Legal representation is needed in these cases because connecting the victim’s injury to the accident and not a pre-existing issue will be the crux of the personal injury claim.
A personal injury attorney will review the details of the victim’s case to determine if the injuries reflect a clear liability. A personal injury claim is essentially a legal way to describe harm suffered by another party caused by the negligence of a responsible party. Legally, harm and injury don’t present in only one form. So, an injury can be emotional, physical, or mental. During the review of a personal injury claim, if the victim’s attorney cannot establish a clear source of fault for the incident, the claim may be too weak to take to court.
When assessing a personal injury case, your attorney will look for evidence or any witnesses that could strengthen your claim. Evidence in a personal injury case usually takes the form of pictures from the accident or witnesses to the crash. Medical records and documentation of the injuries sustained are also important pieces of evidence. Personal injury claims and eventual lawsuits are not instant events, which means that your injuries, like broken bones and bruises, will heal, so if you don’t have evidence of these injuries, it can hurt your case. It’s important to document and preserve the evidence in your case. Photos and journals can be helpful means of compiling the details of your case. Being able to recall the details of conversations with doctors and the crash are important tools for your court appearance.
Idaho Personal Injury Lawyers Available for Consultation
If you’ve been injured due to someone else’s negligence, you could have a personal injury claim. Building a strategy for a personal injury case can be a difficult task without the proper experience. The Idaho personal injury attorneys at May, Rammell, and Wells can listen to the details of your claim and determine if you have a case. We offer a free consultation and work on a contingency fee basis. Call us today at (208) 623-8021 to schedule a consultation, or you can use our online contact form to request more information.