There are many types of injuries suffered as a result of the negligent actions of another person. However, many of these injuries do not constitute a personal injury claim. There are three basic legal requirements that a claim must meet for an individual to be able to obtain any type of compensation.
The requirements for obtaining compensation are:
- The other party or person was negligent
- The person suffered an injury caused by the other person or party’s negligence
- The individual suffered damages and losses because of their injury
The first point to understand in a personal injury case is that the claim only exists if someone other than the injured person causes an injury due to negligence or lack of care. You usually cannot file a personal injury claim if you were the sole cause of the incident or injury.
For example, if someone negligently hits the back of another car and wants to know whether they can receive monetary compensation for the medical bills that resulted from the accident, the answer is usually no. This is because they were the only ones who acted negligently. Therefore, they would be unable to meet the first requirement of a personal injury claim.
The second requirement a person must meet to file a personal injury claim is very important. Some injuries can cause damage, but if those injuries are not caused by another’s negligence, it is not worth spending time and money pursuing compensation. For a claim to exist, proving an injury is not enough, the victim must be able to prove that the negligent act that caused the injury is the result of someone else’s carelessness and negligence.
It is essential to emphasize that a person may not bring a claim simply because another person was negligent. To have a successful claim, a person must have suffered substantial injuries due to the other person’s negligence. Further, these injuries must have caused significant financial losses that someone can seek compensation for.
As such, lawyers must be able to put a price on your injuries. Our work as lawyers is not based solely on detecting the negligence and damages suffered because of an incident, it is also our job to detect any future injury or damage that may be suffered. We must be able to prove how long the injuries will last and what kind of compensation is required to pay for these future losses.
There are other damages that victims suffer as a result of the negligence of another person that they can recover in a lawsuit. In addition to the obvious pain, this includes the loss of joy and enjoyment of life, mental anguish, lack of desire, lack of sexual ability, and more. En Español.
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