How Do I Know if I Have a Personal Injury Case?

If you have sustained an injury through no fault of your own, you could be entitled to recover monetary compensation. To recover this, you must meet certain criteria. You will only have a viable personal injury case if you can establish that the person responsible for your injury acted negligently.

There is no simple test to determine if your claim is strong or not. Only a careful review of your situation by a New York City personal injury lawyer can help you determine if you have grounds to move forward. The attorneys of Douglas & London are ready to discuss your claim with you right away. Below are the elements that might comprise a strong case.

You suffered physical injuries

All personal injury cases start with a serious injury. It is not enough to be in an accident or have your property damaged. This type of case requires serious harm. If you suffered limited injuries or were left unscathed, it is unlikely that pursuing a claim will be in your best interest. You must be able to establish significant damages resulting from your injury. If you cannot show that you were harmed, you will not be entitled to compensation. If your injuries are minor, legal action might not be worthwhile.

That said, never guess the value of your potential personal injury claim. You might be surprised at the amount of compensation you are entitled to. While no one can guarantee you a successful outcome in your case, an experienced personal injury lawyer can review your case and advise you of the potential value of your claim.

Your injuries resulted from another person’s negligence

As noted above, suffering serious injuries is a necessary element of a personal injury case, but it is not the only one. To recover damages from another party, you must establish that their negligence directly caused you harm.

In general, negligence involves a careless, reckless, wanton, or intentional act that leads to your injury. The other party must have been aware of the risk of injury but continued with their actions.

What exactly constitutes negligence depends on the circumstances of your injury. In traffic accidents, it can involve anything from aggressive driving to running a stop sign. In malpractice cases, it can involve a doctor performing surgery on the wrong part of the body or prescribing medicine that you are allergic to. Every case is different, but a successful injury claim starts with a negligent act.

The facts are clear

The strength of your potential injury case will depend in part whether the facts are in dispute. In some cases, there is little doubt that another person is responsible for your injuries. For example, if you are injured in a crash while riding as a passenger in a vehicle, the odds are good you played no part in causing your injuries. Other cases are not so clear. If the other party disputes that they are responsible for your injuries, you might have a harder time recovering the compensation you deserve.

Disputed facts do not mean your case is weak, however. While pursuing these claims can be more challenging, the right legal counsel can help you build the strongest case possible. By establishing to the defendant and their insurance company that you were not at fault, you increase your chances of obtaining the compensation you deserve.

Contact us for a free consultation

Before you make a determination on how to proceed with a personal injury claim, you should first discuss your options with an experienced attorney. Not every attorney will have the experience needed to advise you, however. A dedicated personal injury attorney can use their breadth of experience to help you understand what to expect from your claim.

At Douglas & London, we have decades of experience pursuing injury claims on behalf of our clients. We understand how to take on the insurance companies and win. To learn more, schedule a free consultation with Douglas & London as soon as possible.