It is not uncommon to see people filing personal injury suits and getting a good deal of money from the settlement. If you have been in an accident, you might be wondering if you have good grounds for a personal injury lawsuit. Here are some things that you need to know about a personal injury lawsuit.
1. There Must Be Some Sort Of Negligence
Sometimes accidents just happen. They are not anyone's fault; instead you were just in the wrong place at the wrong time. However, there are some situations where one party was negligent and caused the accident. Negligence is a legal term that is used to explain the fault of someone. This does not mean that in order for an accident to be someone's fault they had to crash into you on purpose. What it means is that they made a choice that was reckless or irresponsible that resulted in the accident.
For instance, if the other party was texting while they drove, this could be considered negligence. If they were intoxicated, driving without their glasses, driving while impaired, or driving without the proper authority, you might have grounds for suit.
2. Provable Damages
In a personal injury case, you can only get the amount in damages that you can prove. What this means is that if you were in a fender bender and there was mild trauma to your car and no lasting effects for the passengers, you most likely do not have a case. This is because the insurance company probably helped to pay for the repairs on the car and there are no other costs involved.
What you need is to have medical bills, lost wages, emotional trauma and pain to file a suit. For instance, if you were in a car accident that sent you to the hospital for months, you lost time at work and you had to pay for physical therapy, you could recover damages for all of those things. In addition if someone died from the accident, you could sue from emotional trauma and wrongful death. In all of these things, you would need to have proof. Medical bills, tax forms showing loss of income, death certificates including cause of death and any other documentation that could prove the accident caused the damage.
If you have proof that the other party was negligent and if you can prove damages, you might have good grounds for a lawsuit. For more information, contact Campbell Law Group PLLC or a similar firm.