How To Prove Your Personal Injury Case
When you’re injured in an accident, you might begin to wonder whether you have a case. How do you know? How do you prove your case? With the help of an attorney, you can figure this out and move forward with receiving compensation. The following are three facts you’ll need to show.
The Other Party Was Negligent
The first step in proving you have a personal injury case is showing the other party was negligent. Everyone has a responsibility to care for others in one way or another. For example, when someone gets behind the wheel, he or she has a duty to exercise the right to drive with care for anyone else on the road. If a driver runs a red light, he or she is being negligent.
Another example is a medical professional. Doctors and nurses have a duty to properly care for their patients and to do what is best for their patient’s health. If a medical professional makes a mistake that no other doctor would reasonably make, he or she was being negligent.
The Negligence Resulted in Your Injury
You have to be able to prove that the negligence displayed by the other party was a direct cause of your injury. For example, if an individual ran a red light and hit you while you were legally walking through a crosswalk and the impact broke your back. This would prove negligence on behalf of that individual that ran the right light.
However, if you already had a broken leg when the car ran a red light, and you had to jump out of the way to save yourself, the broken leg wouldn’t be a direct result of the negligence unless a doctor is able to show the condition was worsened due to the incident.
The Injury Resulted in Damages
If your injuries were minor and you didn’t have significant expenses because of them, you may not have much to seek in damages. If you didn’t miss any work due to your injuries, you wouldn’t be able to seek lost wages. You will need to prove that you have damages to seek in direct relation to your injuries. For example, you may have had multiple surgeries, require physical therapy and will have future treatments to undergo. Maybe you lost your job or are unable to perform certain aspects of it. These things would prove you have compensatory damages. If you would like to discuss these matters with a Newark personal injury lawyer, consider a firm like Rispoli & Borneo, PC to help out with any questions you may have.