After suffering an injury because of someone else’s action, you may wonder if you have a case against them. Here is what you need to ask yourself if you are considering filing a personal injury lawsuit.
Was the Defendant Negligent?
Negligence is one of the foundations of tort law. If you plan to file a personal injury lawsuit, then the offending party must have acted negligently. Negligence occurs when a person or institution acts without the level of care that any other person or institution would act in the same circumstance.
For example, if you are in a car accident because another person ran a red light, then he or she practiced negligence. In any ordinary circumstance, a person would know to stop. The driver would also recognize that by running a red light, he or she is putting others in danger. If you were hit while driving legally and the other driver broke the law, he or she may have acted negligently.
Did You Suffer Harm?
Just because someone acted negligently does not necessarily mean that you have a personal injury case. When you find a personal injury attorney Greenbelt MD clients trust, he or she will question you on the type of harm that you suffered. The damages must be physical or monetary. If you have medical bills, lost wages or other losses due to the injuries you suffered, then you may have a claim against the defendant.
Do You Have Evidence?
To prove personal injury, you do need evidence. Evidence can take many forms in a civil trial. You may be able to present video evidence of the event, witness testimony, police reports, doctor’s records and more. Civil cases are easier to prove than criminal cases.
If you were injured due to someone else’s negligence, you may have a personal injury case. As long as there was negligence, harm and you have evidence, you can take the offender to court.