Today’s article is in a quiz format, designed to help readers quickly understand if they indeed have a personal injury case. If you do, you deserve compensation for the damages suffered. So, if you believe this applies to you, answer our questions and better understand your situation.
The key to having a case—beyond how and what injury you suffered—is proving there was “negligence” by another party that led to the accident or injury. Negligence is a legal term that means “lack of care.” To base a claim on negligence, you need:
- The person who injured you had a certain duty of care toward you, meaning a responsibility in that situation.
- The at-fault party failed to fulfill its obligation.
- This failure caused your injury.
- You are indeed injured.
Let’s start by answering these three questions:
- Did you have any professional relationship with the person responsible for your injury before the accident?
- Was it foreseeable that an accident could happen under the circumstances of the scene?
- Can you identify a person or entity that can be blamed for your injuries?
You likely have a case if you answered yes to one or more of these questions. If an accident was foreseeable and you can identify the person responsible for preventing it, then we are talking about negligence or a lack of care.
Another question to ask yourself is: Would you have been injured if it weren’t for the at-fault party’s lack of care?
Your case could be more complicated if you had been injured regardless of the other party’s negligence. When examining the circumstances of the accident, it must be possible to prove causation.
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