If you’ve been injured in an accident or due to someone’s negligence, you may have a personal injury lawsuit. Before you file a claim, however, it is important to understand what constitutes a personal injury case. How do you know if you have one? Here are two facts about a personal injury that can help you decide if you should seek compensation.
Injuries Should Be Substantial
To file a personal injury lawsuit generally means that you suffered a financial loss due to the injury. You may have medical bills, lost wages, or expenses related to physical therapy. Anything that you have to pay in order to heal is money that you can seek in compensation.
What happens if you didn’t suffer injuries that needed medical attention? There are cases where a person suffers little physical damage and still files a lawsuit. This is normally in a case where the defendant acted negligently or mistreated the plaintiff in some way. This is where nominal damages come into play. Nominal damages are awarded when you did not suffer a substantial loss.
Often, people will pursue these lawsuits to prove that their rights were violated. It may be a way to show a pattern of behavior in the court record. Nominal damages are not about money. Often, you might receive awards for your legal fees or as little as one dollar.
Someone Must Be at Fault
If you tried to file a personal injury lawsuit when no one was at fault, then there wouldn’t be a reason for the suit. There has to be someone responsible for the injury. They may be responsible due to negligence or an intentional act. If your injury is solely your fault, then you cannot sue for damages.
However, many people don’t realize what constitutes a fault. For instance, if you slip on the ice in front of a business, you might blame your clumsiness or the weather. The business must maintain a safe storefront, though. Technically, the business is at fault for your accident. It is important to understand liability before you decide whether someone is at fault for your injury.
When it comes to personal injury lawsuits, you must have all the facts. You may be entitled to compensation without realizing it. To find out more about whether you have a personal injury case, set up a consultation with a lawyer, like a personal injury lawyer as soon as possible.