A personal injury case can be formalized in two ways. The first is when a formal lawsuit is filed through a civil court. This is where a civilian sues another person, a company or any organization, claiming that the other party is responsible for the injury.
Another way is through an informal settlement. This is when the case doesn’t result in a legal proceeding. Rather, the case is dealt informally through an early settlement, which saves both parties time, effort, and money.
As discussed on osmondlaw.com, those who suffer from injuries due to someone’s negligence deserve compensation for the damages and suffering. So how do you know if you have a personal injury case in your hands? Read on to find out.
Look for signs of negligence
If the incident or injury is the result of negligence coming from the other party, then you have a personal injury case. There are four basic elements of negligence. The first is the presence of a duty of care. The best example of this is that drivers have a duty or responsibility to drive carefully. The second element is when someone breached the duty of care. The third element is when the breach results in an injury or accident. The fourth element is the proof of monetary losses.
Look for the link between negligence and injury or accident
If the other party’s negligence directly caused the accident or injury, then you can sue him or her. Following the example above, this is when a driver’s recklessness has caused harm to his or her passengers and other drivers through a vehicular accident. The driver’s recklessness is a breach of the duty of care.
Look for the link between injury or accident and compensatory damages
If the accident resulted in conditions that have monetary damages, it is a case of personal injury. For example, if the accident caused a driver or passenger to break a leg or an arm and take a break from work, it can result in monetary losses through medical bills, pain and missed days or months at work.
The best way to deal with these cases is to seek legal help. A lawyer can help you navigate the legalities involved in personal injury cases and give you advice on how to proceed.