3 Requirements of a Personal Injury Claim

When someone else is negligent and it results in you sustaining an injury, you might begin to wonder whether you can file a personal injury claim. As a Philadelphia slip and fall lawyer from a law office like the Wieand Law Firm can explain, if you want to receive monetary compensation, there are three requirements you would typically have to meet.

1. Carelessness 

The first thing you would have to prove for a personal injury case is that someone owed you a duty of care and was careless in providing it. For example, any driver who gets behind the wheel owes a duty of care to everyone else on the road. If a driver chooses to drive drunk, he or she would be considered careless. Under the law, the drunk driver would be the negligent party if you can prove that his or her careless actions caused the accident.

2. Injury

The next thing you would need to prove for a personal injury case is the carelessness that occurred resulted in your injury. If you have a previous injury at the time of your accident, it wouldn’t be cause for a personal injury case. If you were in perfect health prior to the accident, and after the accident you were riddled with injuries, those injuries would fulfill the requirement.

For example, if your friend crashed the car you were riding in on your way to a doctor appointment for a broken arm, probably no medical bills relating to your broken arm would be covered by a personal injury claim. If you sustained an additional injury, such as whiplash, you could claim that injury.

3. Damages

Finally, you have to prove that there are significant monetary damages resulting from your accident and injury. These are most often referred to as compensatory damages and could include medical bills, lost wages, loss of earning capacity, pain and suffering, loss of enjoyment of life, and more.

For example, if you were in a car accident and just sustained some bumps and bruises, those injuries likely would not effect wages, enjoyment, bills, etc. In that case, you couldn’t prove damages. If your injuries included broken bones and head trauma, however, you would likely have a series of damages you need compensation for.

Contacting a Lawyer

When you’re in an accident that results in injury, there is often someone responsible for what happened. To hold someone accountable, you will need to show that carelessness led to your injury, and damages resulted. Contact a personal injury lawyer for help with your case.