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Elements of a Valid Personal Injury Case

Posted on October 26th, 2019 by Oddo & Babat, P.C.

Personal Injury Lawyer

Getting hurt and suffering accidents are a part of life. You can expect some bumps and bruises along the way. However, if someone else’s negligent, reckless behavior causes you pain and suffering, you may be entitled to financial help. A personal injury attorney can help determine whether your claim has merit. Before you file a lawsuit against another party, speak to an experienced lawyer and consider the factors that may affect whether you win your case.

The Severity of Your Injuries

The court will want to look at how you were injured, what part of your body was injured and how the injury has affected you. For example, claiming damages for a bruised knee is not nearly as likely to be successful as claiming damages for a cracked skull. If your injuries require extensive treatment, multiple surgeries and a long recovery, your chances of winning your case increase dramatically. The court will take into account how the injury is limiting your daily activities and whether it is preventing you from working.

When the Injuries Occurred

If you are injured in a car accident, workplace incident, slip and fall or by any other means, you should not wait to seek medical care. Similarly, you should speak to an attorney as soon as possible if you are thinking about taking legal action. The faster you act, the more likely you are to achieve the outcome you want. If you delay filing a lawsuit, this could reflect negatively to the court.

Was There Negligence?

Sometimes, you may simply be in the wrong place at the wrong time. Your injuries may have come from bad luck or poor timing do to no one’s fault. You can’t expect much of a case in these situations. Your personal injury case largely depends on whether another person or entity deliberately causes your accident. The court will determine whether the other party harmed you on purpose out of maliciousness. Also, if the other party failed to take appropriate steps to create a safe environment, you may have a case. This often happens with businesses or medical providers.

Treatment and Recovery Costs

Your claim award will be close to the amount of your medical bills. The court may not award you much, if anything, if the costs were minimal or if you failed to go to the doctor.

Before you pursue a personal injury case, evaluate the events surrounding your accident. Then, visit with a Memphis personal injury lawyer to see if your claim warrants a lawsuit.



Thanks to Patterson Bray for their insight into personal injury claims and elements of a valid case.

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