Five Things You Need to Have to File a Personal Injury Claim 

Five Things You Need to Have to File a Personal Injury Claim 

You Need to Know Who You’re Suing—and You Need to Be Able to Find Them 

When personal injury attorneys file a claim, they have to file a claim against another person or an entity. This can cause a problem for personal injury attorneys when you’ve experienced a hit-and-run collision. When a person is injured in a hit-and-run collision, and if the injured party doesn’t have uninsured motorist insurance, and they don’t know the at-fault driver’s identity, they won’t be able to file a claim. It’s also important that you’re able to get into contact with the potential defendant—especially if there’s not another entity representing them (such as an insurance company).

Acts of God 

When you’re injured by a natural event, such as a hurricane or a tornado, it’s often considered to be a what the law calls an “Act of God.” You can purchase certain coverage for damage caused by an Act of God. For example, if you live in an area where tornados are common, you purchase coverage for damage that occurs in the event of a tornado (and if your house is mortgaged, you may be required to do this). However, if you don’t have coverage, and you’re injured due to a natural event—such as wind, rain, or hurricanes—getting compensation may be difficult, if not impossible.

Source of Recovery 

Do you have $50,000 dollars sitting around, just in case your negligence causes another person to sustain bodily injury? Most people don’t. That’s why insurance companies exist and why you pay your insurance premium every month. If you cause someone to sustain injury, your insurance company is supposed to cover the cost of the damages you caused, up to the policy limit. That’s a source of recovery. Your bank account may  also be a source of recovery, but due to the cost of medical care and car repairs, most people don’t have adequate funds sitting in their checking account. This is why it’s so rare to see someone being sued personally.: You can only recover funds from a person if they have the means to pay you. You can sue a person for a million dollars, but if they don’t have a million dollars, you’re not likely to get it, because you can’t squeeze blood from a turnip. 

What Are the Damages? 

Every good personal injury claim has damages. The two main types of damages are economic and non-economic. An economic damage refers to a damage that has an objective monetary value. If I destroy your brand-new pair of sneakers that cost $100, you now have $100 in economic damages. There are also non-economic damages. These are damages that do not have an objective monetary value. In order to have a viable personal injury claim, you need to have economic damages. If there are no economic damages, how can a plaintiff definitively prove that they’re entitled to the compensation they’re seeking? They can’t! 

Did They Have a Duty? 

You can think about duty in the same way you think about a legal obligation. For example, you have a legal obligation to ensure that you’re alert and aware enough to drive before you get behind the wheel. So, if you have had a few drinks before getting behind the wheel, you’ve likely breached your duty. In order to have a good personal injury claim, the defendant needs to have a clearly defined duty, and it needs to be clear that they’ve breached their duty.  

Causation 

If you want to file a personal injury claim against someone, you’ll also need to prove that their breach of duty caused your damages. For example, if you experience severe whiplash in a rear-end collision, you’ll have to prove that the defendant’s breach of duty (perhaps they were texting while driving when they ran into your car) was the direct cause of your injury. If you’ve had neck pain and injuries for years before this, you’ll have to prove that what you’ve experienced after the collision is somehow different or was made worse by the collision. If you the bad acts of the other driver didn’t cause you to have injuries, you’re not likely to succeed in your case. 

When You’re Injured 

If you’ve sustained injury, and you need an attorney to advocate for your rights, contact Moxie Law Group today to get a free consultation.