3 Essential Components of a Successful Personal Injury ClaimThere are 3 essential components of a successful personal injury claim. It should be added that having these essential components does not guarantee that you will win a personal injury claim. However, if any one of these components is not present in your case, it is likely that your personal injury claim will not be successful.
You were hurt in some type of accident that was not your fault. Someone else was responsible for the accident in which you were hurt. You are thinking about filing a personal injury claim because of the accident. You would like to know if you have a case that will be successful.
The first thing that you really ought to do is to contact a personal injury attorney. A personal injury attorney will review your case and let you know how strong your case is in regard to the accident that you suffered.
Good chance of success
If your personal injury claim has the 3 essential components, your personal injury attorney will probably indicate that you have a good chance of having your claim be successful. He or she will probably advice you to proceed with your personal injury claim.
What are the 3 essential components of a successful personal injury claim. They are:
No.1 - In order for a personal injury claim to be successful there has to be someone who is liable for your injuries. This may be a person, persons or entity. In other words, you were hurt due to an action of this person, persons or entity that the law says is wrong. This could be like a person running a red light or going the wrong way on a one way street. You should know that proving liability is not an easy thing to do in court.
No.2 - The second essential component of a successful personal injury claim is injuries or damages. In other words, there have to be injuries or damages that you suffered, which you are trying to recover or receive compensation for. If you do not have any injuries or damages, most experts in personal injury law would advise you not to file a personal injury claim. Here are some injuries and damages that are valid in most states:
Wrongful death damages
Loss of household services
Loss of consortium
Loss of earning capacity
Prejudgment and post-judgment interest
Attorney fees (in some instances).
No.3 - The third essential component of a successful personal injury claim is collectability. Even if you win your personal injury claim, will the defendant be able to pay the claim. When you win a personal injury claim, the court says that the defendant owes you a certain amount of money for the injuries or damages that you sustained in the accident. However, the judgment is words that are written down on a document. It does not necessarily mean that the defendant can or will pay the judgment. The defendant may not have insurance that will pay the judgment, or the defendant may not have enough money to pay the judgment. It will do little good to file a personal injury claim if you are not able to collect damages.
Again, the best thing to do is to talk to a personal injury attorney about your case and see what he or she advises you to do.
- Why is it a Bad Idea to File a Personal Injury Claim in Court for Yourself (personalinjuryplace.com)
- What is Subrogation and How Does it Affect my Personal Injury Case (personalinjuryplace.com)