There is a very gray area of personal injury cases, which is why many people aren't sure whether or not they even have a personal injury claim to file. Here's what you should know about what qualifies as a personal injury case:
- You Have Suffered Harm Due to Wrongful Acts of Another: The most basic part of a personal injury case is that someone has suffered harm because of the wrongful actions of another person. This means that you were not at fault at all for the injuries you have endured. The reason there is a gray area here is because there are some situations in which both people were at fault. However, this doesn't necessarily mean that you can't file a personal injury claim.
- The Incident Would've Been Prevented if the Other Person Didn't Commit Wrongful Actions: If you are partially at fault for the situation. For example, you were drinking and crossed the street at the wrong time and a vehicle hit you, then you might still be able to receive at least partial compensation for the injuries. In this type of situation, however, it's even more important to have a personal injury lawyer involved since they can provide more significant proof that your actions did not dictate what had happened.
- You Suffered Emotional Distress: Along with your personal injury, you may qualify for further compensation for emotional distress, as well. Many people don't realize this, which is why it's not pursued so often. However, if your injury has affected your day-to-day life or even caused anxiety or depression, you can receive compensation for the care and therapy you will need to get through it. This is why it's important to visit with a therapist soon after the injury has been recovered from or at least partially recovered.
- There Was a Death: Even someone who's loved one died from wrongful actions can file a personal injury claim, especially if the person who passed was providing regular, monthly income for children, parents, or a spouse. Lost wages will be compensated for, usually for the amount of time that could be guessed that they would've still been working had they lived out a normal lifespan. This also includes funeral expenses and emotional distress compensation, as well.
When you know what qualifies as a personal injury case, you can begin to shed light on your own situation enough to determine whether or not meeting with a personal injury lawyer is worth it. Contact a law firm, like Banker Law Group, for more help.