Injured Woman

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

When you’ve been injured, there are usually unpleasant hassles involved in your recovery, such as paying for medical bills, losing wages from not being able to work, and simply dealing with the physical pain of the injury. It’s often even more difficult when your injury occurred as a result of someone else’s mistake, since part of your recovery involves dealing with that person, who is most likely not being very cooperative. Legal action may even be required. Here’s some more information on the key points of a personal injury case.

The legal term used when someone’s careless behavior caused or contributed to an injury is negligence, and there are two different kinds. The first is when a person does something that a reasonable person wouldn’t do that causes harm. The other is when a person fails to do something that a reasonable person would do in order to prevent harm or damage.

When deciding if your case will be successful in court, there are key elements that must be proven:

  • The defendant owed a duty to you or the general public.
  • The defendant breached that duty.
  • The defendant’s breach caused or contributed to your injury.
  • A reasonable person could foresee the injury taking place.
  • There’s damage that’s substantial enough to file a claim.

A legal professional who is familiar with Arizona law regarding personal injury cases can ensure that your case is valid and can help you determine the damages to which you are entitled, including:

  • Medical expenses. This includes the initial medical costs and any future costs associated with the injury.
  • Lost wages.
  • Lost earning capacity. Especially in the event that you’re permanently disabled, if your ability to earn money is impaired or diminished, you can recover damages.
  • Loss of consortium. This is where you’re compensated for how your relationships have suffered as a result of your injury.
  • Pain and suffering. This amount is determined by the nature of the injury, the certainty and severity of future pain and how long the pain is likely to last.
  • Loss of enjoyment of life. This means that you have a diminished ability to enjoy day-to-day life.

If you’ve sustained an injury due to negligence, it’s important to speak to a personal injury attorney as soon as possible, since there are time limits on bringing a personal injury case.


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