Determining If You Have a Viable Personal Injury Case

 Posted on September 26, 2016 in Personal Injury

Each and every year, hundreds of thousands of people suffer an accidental injury, but not all of these cases are personal injury cases. Some of these incidents are caused by the injured. Others are the victims of unavoidable accidents caused by acts of God or nature. So how do you tell if your injury is the kind that could lead to a personal injury case? The following can help you decide.

Was the Injury Caused by Negligence?

Only certain types of accidents are considered personal injury accidents. For example, those that are caused by acts of nature or not caused by negligence are not covered under personal injury law. Automobile accidents, medical malpractice accidents, dog bites caused by an off-leash dog, slip and fall accidents, and construction accidents are examples of situations that may contain negligence (failure to exercise the same care that a reasonable person would use in the same circumstance).

Proving Negligence in Your Personal Injury Case

If negligence was, in fact, a component of your injury, you must then be able to prove that the negligence directly caused your injuries. Those injuries also need to have resulted in financial or emotional loss, such as medical expenses or time missed from work. Without these elements, you do not have a personal injury case against a negligent party. However, if you have them, make sure you retain receipts, records, and any other forms of proof. You will need these when filing a claim to show the extent of your losses.

Pursuing a Personal Injury Claim

If negligence was the cause of your injury, and you have proof of a loss from that injury, you may be able to seek compensation for the damages. This is a complex process, and insurance companies will do anything they can to reduce your payout. If at all possible, they will deny your claim. Protect your rights – particularly your right to fair compensation after an injury – by hiring an experienced personal injury attorney. This will ensure that all your losses are calculated into your settlement and that you, the victim, are not blamed for anything that was not your fault.

Aggressive Representation for Your Personal Injury Claim

At Gimbel, Reilly, Guerin & Brown, LLP we know that the effects of a personal injury claim can change your life. To help ensure you get the compensation you deserve, our experienced Milwaukee, Wisconsin personal injury attorneys provide compassionate care and aggressive representation. Schedule a consultation with us today to learn more. Call 414-271-1440.

Sources:

http://www.cdc.gov/nchs/fastats/accidental-injury.htm

http://nationalparalegal.edu/public_documents/courseware_asp_files/torts/negligence1/negligence.asp