How Can You Decide If You Have a Personal Injury Case or Not? By Sean Burke on October 28, 2021

Doctors examining brain x-rayAfter a serious accident, you may have a lot of questions about your next steps. Did someone else cause your accident? Do you have the right to a personal injury claim? How can you decide if you have a personal injury case or not?

After a serious accident, an Irvine, CA, personal injury attorney from Burke Argos can help you learn more about your rights as you pursue compensation for your injuries. A lawyer will consider several key factors in determining whether you have grounds for a claim.

Did the liable party bear a duty of care to you at the time of the incident?

In general, a "duty of care" simply means that the liable party had some responsibility to help keep you safe or prevent you from suffering injury. For example, a private homeowner might bear a duty of care to people he invited to visit his home. Drivers on the road, by nature of their decision to use that amenity, bear a duty of care to others who share the road with them. A lawyer will take a look who bore a duty of care to you at the time of your accident.

How did the liable party violate the duty of care?

A violation of the duty of care can take several forms. Generally, it occurs as a result of negligence on the part of the liable party. For example, a distracted driver might violate the duty of care by texting while behind the wheel, putting everyone else around him in danger. A business owner who failed to properly maintain the property might violate his duty of care to visitors to the scene.

How did that violation lead to your accident?

In order to establish that you have the right to file a personal injury claim, you will need to show that the liable party's negligence led to your accident. For example, you might need to show that a texting driver's distraction caused him to cross into your lane, resulting in a serious accident; or you might show that a broken handrail caused you to suffer a dangerous fall.

What injuries did you suffer in the incident?

The final point in establishing that you have grounds for a personal injury claim is one of the most important: you must show that you suffered injuries as a direct result of the other party's negligence.

Sometimes, you may simply suffer a moment's fright or indignity as you work to protect yourself from a potentially dangerous incident. In order to file a personal injury claim, you will need to show that you actually suffered damages in some way, including serious injuries, financial losses, or immense emotional distress.

If you cannot show that you suffered any type of damages, you may not have the right to move forward with a personal injury claim.

A Personal Injury Lawyer Can Help

If you suffered serious injuries due to someone else's negligence and want to know more about your rights, including your right to file a personal injury claim, call Burke Argos at (949) 644-3434 or contact our law firm online. We will start with a free consultation to go over your accident, the injuries you sustained, and whether you should move forward with a personal injury lawsuit.

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