How to Know if You Have a Personal Injury Case

If you suffered an injury or lost a family member due to someone else’s negligence, then you might be wondering if you have a personal injury claim. When it comes to filing a personal injury claim, you may feel overwhelmed by the complexity of the legal issues involved. Before you file a claim, you may even be asking, “do I have a personal injury case?” Here’s how to know when you have a case.


If you can prove negligence, then odds are you have a personal injury case. This is one of the biggest factors when it comes to personal injury. An example of carelessness would be if a driver crashed into a car after ignoring a stop sign. Under the law, any act of carelessness that results in injury is negligent.

Personal Injury

The odds are if you are considering filing a personal injury suit, you suffered an injury because of someone else’s carelessness. For instance, if you’re in an accident and suffer broken bones or have to deal with severe aches and pains and a result of the accident, then you probably want to talk to an attorney about a personal injury case.

Compensatory Damages

Often injuries result in compensatory damages. For instance, if your injury results in medical bills, pain and suffer or lost wages, then the negligent party may owe you compensatory damages. When it comes to pain and suffering, the complexity of the law is at times difficult to figure out. If you’re dealing with long term effects from your accident, then you may deserve compensation.

Attorney Help

The best way to find out if you have a personal injury case is to consult with a lawyer. A lawyer will be able to look into the specifics of your case and decide whether you have a good case. A good attorney will be honest with you and will tell you if it is worth pursuing. Many lawyers even offer a free consultation if you’re unsure if you have a personal injury case.

When you think about all the costs that might stack up after a serious injury, it makes sense to pursue a negligent party for damages. Often, personal injury cases will occur after car accidents. If you feel like you might have a personal injury case, then it’s important that you visit with an attorney to find out what your next steps should be. An attorney can help you figure out if you have a case.

Do I have a personal injury case?

Do You Know Whether You Have a Personal Injury Case?

Say that you were recently injured while on someone else’s property. Your injuries required more than a bandage, and you also had to take some time off work to make a full recovery. You could be asking yourself, “Do I have a personal injury case?

Can You Clearly Define the Harm?

One of the first steps in establishing whether you have a personal injury case is providing tangible, undeniable proof that you were physically harmed. While suffering emotional distress can open the door to a claim, it’s a type of harm personal injury lawyers have a difficult time proving. Back up your claim with medical records, images of your injury, and personal notes on how your injury impacts your day-to-day life.

Is There an Element of Negligence?

You also need to prove the party responsible for your injuries displayed a degree of negligence. For instance, you may have slipped and fallen because a store employee neglected to put up proper signage warning you of the slick spot. The driver who crashed into you may have been texting at the time of the accident.

To help build your case, you and your lawyer can work together to offer solutions to the other party’s negligence. For instance, the store employee who neglected to post a “wet floor” sign may need better training, which is the store owner’s responsibility. A driver who crashed into you should have waited until the car was in a safe space before sending a text message Remember, the burden of proof is entirely on you in such legal situations.

Was There a Definable Duty?

The person you’re thinking of raising your claim against must have owed you some duty. What that means is that the responsible party should have either taken an action or not taken an action to avoid bringing harm against you. Here, it’s important to bear in mind the fact that the duty does not have to be mutually agreed upon. For instance, store owners have a duty to take measures to protect customers from any harm that could befall them while in their store, which often requires signage and possibly blocking off specific areas of the business to public access. Drivers owe every other driver (and pedestrians) a degree of care every time they get behind the wheel. The person you seek to bring your claim against has to have breached that duty for you to have a personal injury case.

Once you have the answers to these questions, reach out to a personal injury lawyer. Together, you can explore your legal options and determine the best way to see that you receive your compensation.