If you’ve ever been injured in an accident, you probably know how distressing it can be. You have to deal with the pain of the injuries and doctor’s appointments and churn out some money to pay for medical treatments. The worst part is that another person’s negligence may have caused the entire situation, but pursuing a personal injury case seems a bit too much. You also can’t help but wonder if it’ll be worth it, given the long legal battle you’re likely to experience. We discuss discuss the various ways to know if you have a valid personal injury case. 

How to Know if You Have A Personal Injury Case

All personal injury cases are based on the legal principle of negligence. So, for you to have a valid personal injury case, you need to have been injured by someone who violated a duty of care. Most importantly, the injuries you suffered must have been caused by that breach of duty. Therefore, three requirements must be fulfilled for you to have a valid personal injury case:

Duty of Care

A duty of care can arise in various contexts. For example, drivers owe all road users a duty of care to drive safely. That’s why there are traffic laws. Similarly, your doctor, lawyer, and other professionals owe you a duty of care while offering their services. Property owners also owe all their visitors a duty to keep their premises safe and free from harmful objects. 

Breach of Duty

Just like how a duty of care comes in various contexts, a breach of that duty also depends on the specific circumstances. For example, a lawyer would be breaching their duty of care if they divulge any information you give them. This is because communications between you and your lawyer are confidential. Similarly, you can also prove that there’s been a breach of duty by showing that a traffic law was broken.

Causation and Damages

The first two requirements largely depend on this final one, which comes in two parts. First, you need to prove that you’ve sustained actual injuries. The injuries do not necessarily have to be physical, but they must be substantial. Second, you need to prove that those injuries were caused by the breach of duty. 

Need an Attorney to Represent you?

Going through an accident is generally distressing with the pains and financial impact involved. But with a personal injury claim, you can alleviate these issues. By proving these three key requirements, you’re sure to get compensation for all the damages caused. 

Attorney Wayne Resmini provides the best services to help you pursue your personal injury case and get adequate compensation.