How Do I Know if I Have a Personal Injury Claim in Kenedy?
Personal injuries are an unfortunate and inevitable part of life in Kenedy, Texas. There are often discrepancies on the differences between a personal injury and what constitutes a personal injury lawsuit or case. Personal injury law does not refer to just any injury, such as a papercut sustained doing paperwork, but rather to the section of the civil justice system covering losses, wrongs, or damages caused by the intentional or unintentional doings of one party to another’s body, mind, or emotions. As covered in personal injury law 101, you will see that personal injuries resulting in a lawsuit can take a number of forms.
Accidents resulting in injury can happen to anyone at any time and place, and should result in a call to action to hold the other party responsible. If you or a loved one has fallen victim to a personal injury accident in Kenedy, you should contact a Kenedy personal injury attorney immediately to assist you with your case and help find concrete proof to answer questions, such as how do I know if I have a personal injury claim in Kenedy. They can also help solidify the five reasons why you should hire a personal injury attorney, as well as help alleviate the stress that may accompany you throughout the process.How Do I know if I have a Personal Injury Claim in Kenedy?
When deciding whether to pursue a claim against those who may have been responsible for your injury, it is important to first ascertain whether the situation falls under personal injury law. To do this, you must be able to positively identify a few critical points:
- You have a true personal injury:
If you sustained an injury in Kenedy, it is important to determine that you suffered a true personal injury rather than property damage. For example, if you were involved in a car crash in Kenedy resulting in damage to your vehicle, but without injury to your physical or psychological state, you would not have a case for personal injury. A personal injury must have demonstrably affected your body or mind, and separate claims must be made to pursue recovery for property damage.
- Another’s negligence or intent directly caused the injury:
A seasoned attorney will help you to determine if the other party or entity acted in a way that led to the personal injury you sustained. Though intent is a possible cause, most personal injury cases stem from the negligence of the defendant, with the law defines as the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. The victim must be able to prove the following:
- Duty: The defendant had a legal duty to behave in a certain way toward the plaintiff under the circumstances.
- Breach: The defendant had a duty to reasonably prevent the injury, and breached that duty by acting or failing to act in a certain way toward the plaintiff;
- Causation: The actions (or inaction) of the defendant were the legal cause of the plaintiff’s injury; and
- Damages: The plaintiff was injured or otherwise harmed as a result of the actions or inaction of the defendant, and money damages can remedy these harms.
- You have sustained recoverable damages:
When pursuing your case, an attorney will want to make sure you have recoverable damages available. Damages is the legal term for the monetary sum – roughly equivalent to the value of pain, suffering, or financial loss – that is awarded to an injured person to compensate for his or her injuries and other losses. If you can prove all the factors of liability, the court or insurance companies will reward you the damages lost as a result of the personal injury sustained.
If you are still asking how do I know if I have a person claim in Kenedy, contact an attorney specializing in Kenedy personal injury [hyperlink] to assist you in moving forward with your case. It is important to make sure your attorney has a track record of winning personal injury cases and has a reasonable caseload so that your case gets the time and attention it deserves.
The team of experienced personal injury attorneys at Carabin & Shaw have a track record of winning their clients the compensation they deserve. Contact us toll-free, twenty-four hours a day, at 1.800.862.1260 for a free consultation.