Do You Have a Personal Injury Case?

personal injury

Getting injured after an accident is definitely a difficult experience for you to go through. For one thing, you would have to regularly visit one or many doctors for your medical evaluations and treatments. Also, you would have to skip work in order to recover from your injuries. Of course, the chance of a quick recovery would depend on the degree of severity of your injuries. Though the first thing in your mind is to recuperate and get better, it might also be great if you would also pursue a personal injury claim, especially if the accident was caused by the carelessness of another person or entity.

Personal injury law dictates that a victim of any personal injury accident—vehicle collision, slip and fall, animal attack, etc.—must be able to establish a claim for damages against the party responsible for his or her injuries. Claiming for damages entitles you to recover monetary compensation for the losses you suffered in relation to the accident and its effect on your whole well-being. Indeed, the burden of proof rests on you, the victim, and that you have to establish the fact that the accident and your resulting injuries were the fault of other party.

This poses a question: do I have a personal injury case to begin with? Here are some points you need to consider:

  • You have yourself a claim against the other party if you can show that the other party had a duty of care towards you. For instance, if a slip and fall case, the owner of a property generally carries a duty of care towards other people, wherein he or she has a legal obligation to keep the premises from any existing hazards and must be able to act on them in a reasonable manner.
  • You have yourself a claim against the other party if you can show that the other party breached or violated that duty of care towards you. Using the same example above, the owner of the property failed to carry out that duty when it negligently disregarded the fact that there was an existing hazard in the premises.
  • You have yourself a claim against the other party if you can show that the negligence or the failure of the other party to exercise duty of care resulted in your injuries. Obviously, if you suffered a broken bone or any other related injury as a result of a slip and fall inside the premises, then the negligence of the property owner caused your injuries.
  • You have yourself a claim against the other party if you can show that the injuries you incurred resulted in harm. In other words, you are entitled to receive compensation from the property owner given the fact that the injuries that you suffered were due to negligence.

Meanwhile, in order for you to establish a personal injury lawsuit in California, it is imperative that you strongly back it up with evidence to show the enumerated elements that should be present in the claim. Because this is a legal matter, it would be in your best interest to speak with a reputable personal injury attorney to represent you.

Seek help from a personal injury attorney in California

Seeking help from a personal injury case attorney in Los Angeles would help further enhance your chance of achieving your ultimate goal, which is a complete and favorable compensation for the injuries and other damages you incurred. Indeed, your expert legal counsel will assist you in collecting important evidence to further support your claim, from witnesses’ statements, police reports, photos of the accident scene and your injuries, and the complete medical report detailing your injuries and subsequent treatments. More importantly, with your lawyer by your side, it is highly likely that you would be recovering compensation for your medical expenses, lost wages, and the other intangibles such as pain and suffering.

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