How Do I Know If I Have a Personal Injury Case?
Personal injury claims aim to prove another party’s negligence. This could be an individual, such as a property owner or a motorist. Organizations may also be negligent, including companies that produce defective products.
Ask a lawyer, “Do I have a personal injury case?” and they’ll tell you that it depends. To pursue compensation through such a legal claim, your case must meet the following four criteria:
- Duty of Care: Defendants must have an established duty of care to keep others safe.
- Breach of Duty: A particular action, or lack thereof, could be considered a breach of one’s duty of care.
- Causation: The defendant’s negligent behavior must directly cause a victim’s injuries.
- Damages: A personal injury can result in losses and hardships, including medical expenses or a reduced earning capacity.
Evidence Plays a Key Role in Personal Injury Cases
“I was in a car accident. Do I have a personal injury case?” No lawyer can answer this question without reviewing the evidence and essential details of the accident.
You may be able to file a claim if a car rear-ends you and multiple witnesses report that the driver was looking at their phone immediately before the collision. What if you collide with someone at an intersection because you ran a red light? In this case, you might be at fault for any injuries and property damage.
Gather evidence to support your claim, including:
- Photos or videos from the scene
- Accident reports
- Witness statements
Medical bills, property damage estimates, and documentation of lost work hours can also support your claim. These documents highlight economic damages you may be entitled to.
Liability Impacts Your Potential Compensation
According to Pennsylvania’s comparative negligence rule, plaintiffs cannot receive compensation if they are more than 50% at fault in an accident. The court will determine each party’s percentage of fault, which could drastically reduce or even eliminate your potential payout.
Filing a claim may be possible if you’re partially at fault in an accident.
For instance, if you’re found to be 90% at fault in an accident, you can’t receive any type of financial reward. However, if you’re only 10% at fault, compensation is still available. Any settlement you receive will be reduced by your fault percentage.
“Do I have a personal injury case?” If you’ve been hurt because of someone else’s mistake or negligence, you might have a personal injury case. The best way to know for sure is to talk to us so we can look at your situation and give you personalized advice. For a personalized answer based on your unique circumstances, contact Ostroff Godshall Injury and Accident Lawyers. Call (484) 351-0350 today to schedule a free consultation.
