If you’ve been injured in an accident, you may be wondering whether you have a valid personal injury case. While every situation is unique, there are certain legal elements that determine whether you may be entitled to compensation. Understanding these basics can help you make informed decisions—and avoid missing out on your legal rights.
Here is what constitutes a personal injury case and how to evaluate whether you should speak with our Raleigh, NC personal injury lawyer.
What Is A Personal Injury Case?
A personal injury case arises when someone suffers harm due to another person or entity’s negligence, carelessness, or intentional misconduct. The injured party (the plaintiff) can seek compensation for medical bills, lost wages, pain and suffering, and other damages from the at-fault party (the defendant).
Common personal injury cases include:
- Car, truck, or motorcycle accidents
- Slip and fall accidents
- Dog bites
- Medical malpractice
- Workplace injuries
- Pedestrian or bicycle accidents
- Product liability (defective products)
Key Elements Of A Valid Personal Injury Case
To determine if you have a viable personal injury claim, four legal elements typically must be present:
1. Duty Of Care
You must show that the other party had a legal obligation to act in a reasonable manner to prevent harm. For example, drivers have a duty to follow traffic laws and avoid reckless behavior.
2. Breach Of Duty
Next, you must prove that the other party breached that duty through negligence, recklessness, or wrongful conduct. A speeding driver, a business owner who ignores a spill on the floor, or a doctor who fails to follow standard medical procedures may all constitute breaches of duty.
3. Causation
There must be a direct link between the breach of duty and your injury. In legal terms, this is called “proximate cause.” For instance, if a distracted driver runs a red light and hits your car, that driver’s negligence caused your injuries.
4. Damages
Finally, you must have suffered measurable damages as a result of the incident. These can include medical bills, lost wages, property damage, pain and suffering, emotional distress, and other losses.
Signs You Might Have A Case
You may have a strong personal injury claim if:
- You’ve been injured in an accident caused by someone else’s actions.
- You needed medical treatment due to the injury.
- You lost time from work or income due to the accident.
- The insurance company is denying or undervaluing your claim.
- You’re experiencing ongoing pain, emotional distress, or a reduced quality of life.
What Should You Do Next?
Even if you’re unsure whether you have a case, the best step you can take is to speak with an experienced personal injury lawyer. A legal professional can evaluate the facts of your situation, explain your options, and help you pursue fair compensation if you have a valid claim.
Most personal injury lawyers offer free consultations and work on a contingency fee basis, meaning you don’t pay unless they win your case.
Knowing whether you have a personal injury case isn’t always straightforward. But if you’ve been hurt due to someone else’s negligence, you owe it to yourself to get informed. Don’t wait—your health, finances, and future could depend on it.
Contact our personal injury lawyer for a case evaluation and let us at Burton Law Firm help you get the justice you deserve.