Being injured is a traumatizing event that can change your life forever. The Elsner Law Firm is here to protect your legal rights so that you can focus on your recovery.
It is never too early to contact an attorney if you have been injured. Insurance companies will begin building a case against you from the beginning so you should have someone to protect your rights.
To prove most personal injury cases you have to demonstrate that the party causing your injuries was negligent.
What is negligence?
Negligence has Four Components
If all four requirements are proven then you have a viable negligence case.
The person who acted wrongly must have owed you a duty to act in a particular way. For vehicle accidents in general drivers must drive in a reasonable manner. This can include such things as not speeding, texting while driving, stopping at stop signs, etc. In addition to having the obligation to act reasonably many duties are also required by state law like the aforementioned common traffic laws.
The person who caused your injuries must have also breached that duty.
There must be an injury or some form of damages as a result of the breach of the duty.
The injuries or damages you suffer must be related to the breach of the duty.
Injury or damages includes a wide array of items.
1. Medical bills. The most common loss is medical expenses. Any medical bills, co-pays, medications, crutches, wheel chairs, ice packs, etc that you had to pay for because of the negligence of someone else are recoverable. Medical bills aren’t only for physical treatment but also for psychological treatment due to anxiety, stress, PTSD, etc.
2. Wage loss. If you are unable to work because of someone’s negligence then you can recover those losses as well. For self-employed individuals this can be somewhat difficult to prove especially if your income varies greatly week to week or even year to year. You have to keep very good records of your losses. This can range from keeping track of cancelled appointments to the cost of hiring someone to complete the work that you could not.
3. Pain and suffering. This category encompasses everything from the pain you endured in the accident and through recovery as well as the inconvenience of going to treatment, loss of sleep, and loss of enjoyment of life.
4. Property damage. Any damage to your vehicle is covered whether that means fixing the vehicle or determining that the vehicle is a total loss and the replacement value is then your amount of damages.