Do I have a Personal Injury Claim?
Suffering an injury is a serious matter and can substantially impact your daily life. Injuries are bad enough to handle on their own, but when the injury is the result of another person’s conduct there is much more that must be considered.
After an auto accident or unforeseen event, you may be curious whether you have a claim against another party. If you have suffered a personal injury, it is important to understand your rights. A personal injury attorney can look at the particulars of your case to provide you with advice and options available to you pursuant to Colorado state law. It is important to understand that even if you were injured in an accident, you may not have a valid personal injury claim or lawsuit.
Injuries can come in a variety of forms. Forms of damages, types of injury claims and the elements of a tort will be outlined in separate posts; however, in the forgoing we will outline a few factors to consider if you think you may have the basis for filing a personal injury lawsuit.
A personal injury claim includes physical, emotional or mental harm to an individual or their loved ones. Often people suffer multiple forms of injuries as the result of an accident. The factors to consider before bringing a personal injury lawsuit are outlined below.
1. Did you suffer a personal injury?
A personal injury claim requires you to prove that you suffered some form of physical, mental or emotional harm to your person. This harm can range from broken bones to tissue injuries, nightmares to mental disability, and can include emotional disturbance. Put simply, a personal injury does not include damage to your property or your belongings, but rather requires injuries to a person. A personal injury could include the wrongful death of a loved one if their death was cause by the wrongdoing of another.
2. Was your personal injury the result of someone else’s negligence?
Our post on The Elements of Negligence will detail this topic in greater detail; however, a negligence action requires you to prove four elements – a duty, a breach, causation, and damages. In a general sense, negligence is understood as a breach of a duty of care that results in damage, such as an injury.
3. Have you suffered damages?
Damages will be outlined in our post “What type of Damages are Recoverable?”; however, to have a personal injury claim you must have recoverable damages. If your physical injury has resulted in medical costs or loss of wages, then you have suffered damages.
If you have experienced physical, mental, or emotional harm as the result of someone’s negligence and have suffered damages as a result you may have a personal injury claim and may have the ability to recover compensation for your injuries. Sanders Law Firm attorneys have the skill and experience to help you with your personal injury claim.
Notice: Information provided on this post is NOT formal legal advice. It is generic legal information. Under no circumstances should the information on this site be relied upon when deciding the proper course of a legal action.