As you recover from an accident, such as a car wreck, maritime injury, a slip, and fall, or an injury received on the property of another person or business, you may be curious if you’re eligible to receive financial compensation for the harm you have dealt with. While many people will file an insurance claim after an instance such as this, a personal injury claim may also be filed to recover additional damages. A personal injury claim is a civil lawsuit that is filed by the injured person against the individual or entity that is responsible for their injury, in an attempt to recover money to cover the costs of the injury now and in the future. There are three key factors that determine if you have a viable personal injury claim.
Did you suffer an injury?
In order to file a personal injury lawsuit, you need to be able to prove that you did, in fact, suffer an injury as a result of the incident at hand. It is important to understand that an injury can be either physical or psychological, or both. For example, if you break your arm due to a slip and fall in a store, you’ve suffered a personal injury. You also have if you’ve been involved in a car accident that has left you with anxiety or depression due to the traumatic experience.
Were the injuries at the fault of another due to negligence?
For your case to be viable it needs to be proven that the injuries you received were caused by the negligence of another person or entity. This means that they were careless in their manner, and the result was your injury, making them liable for the harm you received. It needs to be proved that the person or entity accused of being negligent at the time had a duty to behave in a certain way toward the injured person in the circumstance of the incident. It must be proved that the person or entity breached that duty by failing to act appropriately. It must be proved that these activities were the legal cause of the injuries received, and the injuries can be remedied (to the best possible extent) with financial recovery.
Are there recoverable damages?
In the incident, for your claim to be viable, you need to have suffered personal and/or financial harms that can be remedied by money damages. Financial harms include medical bills, lost wages and/or a reduction in overall earnings. Personal harms include physical pain, emotional suffering, mental anguish, diminished quality of life or the loss of companionship.
If you believe that you have a personal injury case on your hands it is important to speak with an attorney as soon as possible following the incident at hand. To request a free initial consultation with a Seattle personal injury attorney contact the team at the Law Offices of Anthony Urie, by calling 206-542-4066 . We will go over your circumstances to determine if a viable personal injury case is present. While there are many things that can affect the outcome of such a case we will do everything in our power as your personal injury lawyer inSeattle to ensure you receive the compensation you deserve.