Frequently Asked Questions

To know if you have a personal injury claim, look at whether you can prove every element or part of the case, including:

1. Negligence or an Intentional Act – A personal injury case starts when someone takes an unreasonably careless action. The action must fall below the level of conduct based on the minimum standards of an ordinary, reasonable person. Violating traffic laws or drunk driving is unreasonable when it comes to car accidents, for example. Intentional acts, like assault and battery, can also be the basis of a claim.
2. Existence of a Duty – The other party must have a duty towards the victim that requires them to avoid acting negligently. Generally, a property owner has a duty to guests. A business has a duty to operate with due regard for safety. When a duty exists, negligence can be the basis for a claim.
3. Cause of an Accident – To have a personal injury case, negligence must be the cause of an accident. There can be multiple underlying causes of an accident, but the defendant’s negligence must be why the victim has a personal injury claim.
4. Damages – Finally, to have a legal case, the victim must suffer damages because of the accident. Damages may include all of the things that stem from being in a personal injury accident, including medical bills, lost income, pain and suffering, property damage and more.