Do You Have a Viable Personal Injury Claim? Understanding What You Must Prove

If you have been harmed in an accident that occurred because a party was negligent, you may be entitled to compensation. If you are not sure about the viability of your case, check out the personal injury FAQ to find helpful information. Also, a Jersey City slip and fall attorney can give you reliable advice and protect your interests.

What is Personal Injury?

As you try to go about your every life safely and responsibly, you can still get involved in an accident. Usually, such an accident can lead to injury, which can be minor or serious. A personal injury claim involves this type of accident. Particularly, it occurs as a result of another party’s negligence. Whether you sustained a sprained ankle to a traumatic brain injury, you deserve compensation from the negligent party. To open an injury case, you need to prove that the action or inaction of another party directly led to your accident and injury.

Types of Personal Injury Cases

Your personal injury case depends on the type of accident you were involved in. The following are examples of accidents that can result in personal injuries:

  • Motor vehicle accidents. In these accidents, the at-fault driver could be acting recklessly or violating the traffic rules and causing an accident.
  • Slip and fall accidents. These accidents occur on somebody else’s property. Depending on the seriousness of a fall, victims can suffer severe injuries.
  • Product liability. Consumers who are hurt for using a certain product can file a product liability claim against the product’s manufacturer or distributor.
  • Medical malpractice. Medical professionals who hurt a patient as a result of their negligence can face a medical malpractice lawsuit.
  • Wrongful death. This can happen when a party’s negligence result in the death of another.

Proving Fault in Your Case

Just because you sustained an injury does not automatically mean you have a personal injury case. For you to have a valid case, some elements must be present. First, you must prove the at-fault party owed you a duty of care. For instance, motorists owe a duty of care to pedestrians and other drivers.

In addition, you must also prove that the at-fault party was negligent, breaking their duty of care and this breach led to your injury. Lastly, you should sustain measurable losses because of the accident. Thus, you face medical bills or expenses because of your accident-related injuries. Your personal injury attorney can help you prove these items to increase your chances of recovering maximum compensation for your injury.