Personal injury law gives many accident victims the right to seek financial compensation for their losses, including medical expenses and lost wages. However, not every accident provides grounds for filing a claim, especially if the circumstances were unavoidable. To file a personal injury claim, you must demonstrate the following elements.
3 Features of a Successful Personal Injury Claim
1. Physical Injuries
Medical expenses are the foundation of any personal injury claim. You must show that you were actually injured and you required treatment. Those who only experienced property damage and who did not require medical attention may still have legal recourse, but they may not be able to file a personal injury suit. Also, mental health conditions, such as anxiety, depression, or difficulty sleeping, may also constitute personal injuries.
The legal system assumes that individuals and businesses have a responsibility to protect the safety of others. To collect compensation, you must show that the liable party neglected their duty of care or acted out of intentional malice. In many cases, establishing liability requires the expertise of a skilled attorney, who often has investigators and other professional resources that most accident victims don’t have access to.
3. Recoverable Damages
While you may be entitled to compensation for the medical expenses, lost wages, and noneconomic losses, a successful claim depends on the defendant’s ability to pay. In many cases, their insurance company is responsible, but in others you may have to file a suit against the other party. A personal injury attorney can evaluate your options, identify all liable parties, and recommend the best path forward.
For nearly 20 years, The Gil Law Firm has provided aggressive representation to accident victims throughout Alabama, Georgia, and Florida. If you’ve been injured through no fault of your own, their skilled legal team will explore all options and provide the critical guidance you need. Visit their website or call (334) 673-0100 for a free consultation. Follow them on Twitter for updates and legal news.