What Qualifies as a Personal Injury Lawsuit?

Personal Injury Lawyer | Peter N. Davis

Before filing a lawsuit, there are a few things you should know. Continue reading to learn about different situations that qualify for a lawsuit, and how to maximize your chances of success.

Know Your Options

A lawsuit takes a good deal of time, money, and evidence. They can be tricky to win, and receiving compensation may take even longer than anticipated because of the possibility of a retrial or an appeal. Many people choose to informally discuss the matter and reach an agreement that way. Sometimes a third party gets involved in order to mediate the discussion and keep it civil. Arbitration is also possible, where a neutral person can make a decision for all parties involved. The arbitrator’s decision may be either binding or non-binding, which means that all parties may either be forced to stick with the decision or simply take a recommendation, respectively.

Prove They Were At Fault

Being injured does not automatically qualify you for compensation in a lawsuit. You must prove that the other party was majorly responsible for your injuries. It is possible to be partially at fault yourself, but the other party must be held legally liable for damages due to either intentional misconduct or negligence.

Intentional misconduct is fairly straightforward. In this type of action, one party directly harmed another. It should be clear that the guilty party didn’t necessarily have to intend to harm another, but that the action taken was directly responsible for injury. A prime example would be a prank gone wrong. Say your roommate decided to shock you with an air horn, and in the resulting panic you fell down the stairs. They could be held legally responsible for your injuries.

Negligence is the other type of action commonly used to prove liability. When proving negligence, you must prove that the defendant had a duty to perform, and that a breach of that duty caused an injury. Drunk driving accidents are an excellent example. The driver had a duty to be alert at the wheel, breached that duty by being drunk, and ended up causing an accident that resulted in pain and suffering for another.

Damages Come In Many Forms

Injuries can be inflicted on more than just the body. Sufficient mental trauma can be as debilitating as a broken leg, if not more. Even if the injury is physical, you may be able to receive more compensation if you can prove that you injury caused you to miss significant opportunities, from jobs to education and more. Reputation is another way that damages can manifest. Spoken comments that damage reputations are referred to as slander, and printed comments are referred to as libel. All that is required is for you to prove that you have suffered significant losses.

Help With Your Paterson Personal Injury Lawsuit

If you’ve been injured due to someone else’s negligence, you may be entitled to compensation. The personal injury lawyers at Peter N. Davis & Associates can help get you the money you deserve. Contact us today for a free consultation.