Every year in the United States, unintentional injuries rack up 24.8 million doctor visits. It’s easy to accidentally hurt yourself, and it may be even easier to accidentally hurt someone else.
If you think you have a personal injury case, you may be a part of the above statistic. Though, just because someone else may have caused your injury doesn’t necessarily mean you have a solid case.
Keep reading to learn the criteria required for a solid personal injury case.
Table of Contents
You Were Owed a Duty of Care
There are many times in your life when you will be owed a duty of care.
Every time you visit the doctor, they have a duty to provide you with a reasonable amount of medical care. When you visit someone’s home or step into a public building, the property owners have a duty to keep the place safe and hazard-free.
Along with this, everyone has a duty of care when driving on public roads and sharing public sidewalks. This is where traffic laws come in.
In order to establish that you have a personal injury claim, you must first confirm the duty of care.
The Duty of Care Was Breached
If you visit a doctor and they fail to diagnose you, prescribe the wrong medicine, or disregard your medical history, this would be considered a breach of the duty of care.
Getting hit by a drunk driver would also be a breach. Slipping on ice outside of a grocery store is a breach.
In these circumstances, the defendant failed to perform the amount of care that a person of ordinary prudence would exercise under the same circumstance.
You Incurred Damages Due to This Breach
You would incur damages due to a breach of duty if, for instance, a doctor misdiagnoses you and you become more ill because of it, causing you to miss work.
You would also incur damages if you used a defective product and suffered a personal injury from it.
If a lawnmower failed to have safeguards and you injured your hand because of it, you would have grounds to call a defective product attorney to represent your personal injury lawsuit.
If your health and wealth suffer considerably, you could be compensated for monetary and non-monetary losses.
You Made No Mistakes to Weaken Your Case
If you want the best personal injury settlement, your case must be as strong as possible. If your injury occurred and you postponed your medical care or posted about it on social media, your case may suffer unfortunate consequences.
It’s wise to call a personal injury lawyer as soon as possible so they can walk you through what to do to keep your case strong.
Ready to Win Your Personal Injury Case?
If someone owed you a duty of care and they breached that duty of care, resulting in your injury, you have a personal injury case on your hands. Call your attorney today so you can get started on winning your case.
There is so much more to learn, so keep reading through our website for more informational articles like this one!
