Have you been recently injured or lost a family member due to someone else’s negligence? If so, then you may have an injury claim. Here are three things you need to prove in order to recover monetary compensation for your damages.
3 Requirements for a Personal Injury Claim
1. There must be liability. Liability is a concept that we need to be able to show that someone did something wrong. For example, if someone ran a stop sign whether it was at 5 mph or 50mph, they broke the law. They did something wrong and that leads to liability.
2. There must be damages. With respect to damages, the wrongful act like running a stop sign must cause damage. Damage means medical bills, injuries, and/or property damage. If that person ran the stop sign and didn’t hit anyone, that didn’t cause any damage and that wouldn’t be a very good case.
3. There needs to be a source of recovery to pay those damages. In most cases that’s insurance. Insurance is available to pay for the claim and pay for the damages. In other instances, we may be dealing with a large corporation or someone with a lot of assets that’s able to pay that claim.
Chances of Winning a personal injury lawsuit?
If there is an absence of any of the above items, there may often be no case or otherwise a significantly reduced chance of winning. If you are liable and not another party, if you have no damages or if the liable party has zero assets as an example – there may be no case to bring forward.
How long does a personal injury lawsuit take?
Sometimes proving these matters in court can extend any timeline for a settlement or significantly reduce your chances of winning any amount from the other party as time goes on. Businesses can close, witnesses can become non responsive as cases can drag on for years.
Here at The Bourassa Law Group we understand the difficulties that go along with being involved in an accident. Along with physical pain you may experience mental and emotional anguish as well.
Let our team take the weight off of your shoulders and get you what you deserve.
If you or a loved one have been injured in a motor vehicle accident due to someone else’s negligence, Mark Bourassa and the team at The Bourassa Law Group are here to help. Give us a call at (800) 870-8910 for your free consultation.
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