Going to a personal injury attorney might be a great idea if you have been in some sort of accident and you are having a hard time getting the money that you need to pay for your injuries and loss of property. However, before you try to file a personal injury lawsuit, there are some things that you will need. Here are some things to know.
1. You Must Have Injuries That You Can Prove
One of the first things you need to have in a personal injury suit are injuries that you can actually prove. For example, you could have been the victim of some sort of accident, and it could have been frustrating and even scary, but if you weren't actually injured in a way that you can prove, you have no case.
This may happen in a medical malpractice situation. A doctor may have given you the wrong diagnosis, and so you went to get a second opinion and found out the real answer. You might want to sue the first doctor because they were wrong and you would have been hurt if you had followed their advice. But you didn't actually get hurt, and instead, it was just frustrating. There were no injuries because of their diagnosis, just lost time and annoyances. In this case, it would be hard to prove a personal injury lawsuit. You would have to have some sort of injury to your body, your wallet, or severe emotional damage to file a lawsuit.
2. The Person Must Have Acted Irresponsibly
Another important thing in a personal injury lawsuit is that the person who hurt you must have acted irresponsibly. This means that they didn't act as a reasonable person would have. For instance, if you were in a car accident in the middle of winter and the person who hit your car followed all the driving rules and did everything they could to avoid the accident, you might not be able to sue them personally for it. You can file with an insurance company, but the driver wasn't negligent or careless and caused the accident. It was simply bad luck for both of you.
This also relates to the medical field. If a doctor did everything they could, and followed protocol, and you still had a bad outcome, it simply means it was an accident. You can only sue them if they did something reckless or negligent. The outcome doesn't determine the lawsuit in many cases, but a lot of times there needs to be intent as well.
By knowing these things, you can determine if you should file a personal injury lawsuit. For more information about your particular case, talk with a personal injury attorney.