What Constitutes a Personal Injury?

car accidentPersonal injuries are injuries incurred by a person because of another party’s negligence or recklessness. Because of the injuries sustained, the victim may suffer from serious medical conditions resulting in costly treatments and risky surgeries. In this case, an personal injury lawyer should be sought for help to receive proper compensation.

Elements of A Personal Injury Claim

For a personal injury claim to be successful, there are certain requisites that must first be met. These are the following:

  • The party at fault had a duty of care
  • The party at fault did not exercise duty of care or negligence
  • This negligence caused the victim’s loss or injury
  • This negligence gives rise to damages

To put this into context, for example, a person suffering from injuries due to a car accident may seek compensation from the party deemed at fault for the accident. It could be that the negligent driver at fault was under the influence of drugs or alcohol, or they were distracted by their phone, or something else. Whatever it is, they were responsible for using reasonable care while driving the car, but their failure to do so caused harm and damage to another person.

In this case, a personal injury lawyer should be able to help the injured victim. Especially if the other party’s insurance company isn’t being as cooperative or accepting fault, it would be wise to have an attorney defending your rights.

In another example, a person who is injured in an accident because of a wet floor without proper warning should seek compensation for their injury with the help of a personal injury attorney.

As much as it is on the injured party to show fault of the negligent party, it is also up to them to show that they themselves did exercise due care and diligence to avoid getting into that accident. An personal injury attorney can help build the proper case with the right pieces of evidence so that the injured party has a much better chance at winning their case.

How Can an Attorney Help?

Apart from the physical injuries sustained, there is also the emotional and psychological impact from the experience. The physical injuries could cause anxiety and depression, which could only further the impact on the victim’s life and overall well-being.

A personal injury attorney can help alleviate these stresses by filing a strong case in court to win the rightful compensation deserved. To successfully do this, however, the injured person must fully cooperate with the lawyer.

In a car accident, for example, it’s important to get documentation of the incident as much as possible so that it can be presented as evidence in court. In case of severe injuries preventing the injured person from taking photos of the scene, then a copy of the police report may be requested by attorney.

It’s not just in getting pieces of evidence that a personal injury attorney be of help. A good strategy must also be developed and employed to sufficiently block any counterarguments or defense from the negligent party. An personal  injury lawyer can also be there to help in the negotiation of terms in case a settlement is offered by the party at fault. These settlements often occur to prevent the lengthy and costly process of a trial. For some people, wrapping the case up with a settlement is a much more convenient and economical way to handle the case.

For these reasons, it’s important to get in touch with us at the soonest possible time here at the Nobles & Yanez Law Firm. The sooner you resolve the legal part of your personal injury case, the better you can focus on getting back on your feet and making your way to a full recovery.