Simply having been bodily injured, or had some damage to valuable assets of your life does not necessarily mean you have a valid personal injury case. There are three criteria that must be met:
Three Basic Requirements for a Personal Injury Claim
1. Was the Accident Your Fault? If your answer is ‘yes’, then read no further, you cannot pursue this case in court. Otherwise, if the injury you sustained was caused by someone else, they are deemed negligent, and therefore liable to recompense damages they caused for you.
(we need to come up with another example. This is from another website.) For example, if a truck driver crashed into an innocent victim’s car because he ignored a stop sign, the truck driver, under the law, would be considered negligent.
2. Did the accident cause personal injury? Here we need to establish that negligence of the other person caused personal injury to you.
(we need to come up with another example. This is from another website.)In the above example, if the innocent victim sustained a broken arm and severe headaches as a result of the crash, the truck driver’s negligence would be considered to have caused the personal injury.
3. By direct result this injury is costing you (compensatory damages). cost you in medical bills, or employment loss, or loss of a life or use of a limb. (we need to come up with another example. This is from another website.)In the above example, if the innocent victim’s broken arm and headaches resulted in medical bills, lost wages, and/or pain and suffering, the injury would be considered to have resulted in compensatory damages. Click here to read more about these and other types of compensatory damages.