Recovering from a serious accident can affect your financial security for years to come. If you sustained debilitating injuries, you might not even be able to return to work at all. Fortunately, personal injury law grants accident victims the right to hold those who are liable for their injuries financially accountable. If you sustained injuries at the hands of someone else—either directly or indirectly—you can sue them for damages. However, to file a successful case, you need to have grounds for a claim.

If you’re not sure whether you have a valid personal injury case, turn to Scott & Heenan LLC in Platteville, WI, for quality legal guidance. Here, this trusted firm offers a brief guide to determining the validity of a personal injury claim.

Basic Grounds for a Lawsuit

Two basic grounds must exist to establish a valid personal injury case. First, you must have sustained clearly definable harm you can prove in a court of law. Although it is possible to recover compensation for intangible injuries like pain and suffering, definable harm refers to quantifiable damages—such as medical bills, lost wages, and lost earning capacity.

Second, the party that is allegedly liable for your injuries must have owed you a specific duty of care, and your injuries must have occurred as the result of breaching that duty. This concept may sound complicated, but it is fairly simple.

For example, motorists owe a duty of care to all other drivers and pedestrians on the road around them. To ensure everyone’s safety, they have an obligation to follow the rules of the road and avoid driving while intoxicated.

Homeowners, on the other hand, do not necessarily have a duty of care to ensure the safety of those who might trespass on their property. Therefore, if you sustained injuries in a motor vehicle collision with a drunk driver, you would likely have grounds for a claim; however, you would not have a valid lawsuit if you were trespassing on someone else’s property and sprained your ankle on an uneven footpath.  

How to Proceed

If you think you have grounds for a lawsuit, call an experienced lawyer as soon as possible. The sooner you enlist the help of a seasoned attorney, the less likely you are to make mistakes early in the proceedings that might jeopardize your case down the road.

If you need a lawyer in Platteville, WI, turn to Scott & Heenan LLC. Check out their firm online to learn more about their practice areas. You can schedule an initial consultation with a personal injury attorney by calling (608) 348-9506.