Have you or a loved one been in an accident, but you aren’t sure if it rises to the level of a personal injury claim? You aren’t alone. When we are in the midst of a crisis, surviving and remaining safe are a chief concern. Once the dust settles and you start to consider your accident's details, you could find that your injury meets the requirements for a personal injury claim.
Three Basic Requirements for a Personal Injury Claim
A personal injury claim stems from an injury caused by another person’s recklessness or careless behavior. Legally, the reckless behavior that caused the injury is called negligence. The legal system adjudicates matters of negligence as it impacts the lives and causes devastating injuries.
Three requirements must be met before a personal injury claim can be filed:
- The negligent party exhibited carelessness. An example of this negligence would be if a car crashed into an innocent person crossing the street protected by the crosswalk and walk sign. The car driver crashed into the protected pedestrian because they ignored a red light. Under the law, this would be considered negligent.
- The behavior of the negligent party directly caused the personal injury. Using the example mentioned above, if the pedestrian suffered severe spinal damages and broken bones due to the impact of the crash, the car driver’s negligence would be considered the cause of the personal injury.
- The injuries suffered by the victim resulted in harm (compensatory damages.) Returning to the original example, if the pedestrian’s spinal injury and broken bones caused a loss of income, medical bills, and pain and suffering, then the injury would be determined to have caused compensatory damages. Compensatory damages are those where the injured party can be recompensed.
As explained in the example, an injury alone does not qualify as a personal injury claim. The injured party must also prove the injury has caused suffering, loss, and harm. Compensation or damages are awarded to cover losses caused by the negligent actions.
The claim will address losses that include:
- Inability to Resume Normal Life
- Income Loss
- Medical Bills
- Property Loss
- Pain and Distress
- Mental Suffering
Compassionate Legal Representation
If you feel like you’ve suffered an injury caused by someone’s negligence leading to your loss of income or personal anguish, then you should meet with a legal representative to discuss the details of your case. Personal injuries can be devastating, but our compassionate attorneys can help formulate a strategy for your claim.
Contact the personal injury lawyers from Samra Dhillon, PA, to schedule a consultation to discuss your situation.