How Do I Know If I Have A Personal Injury Case?

Last updated on: September 5, 2022

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There are many factors that come into play when determining if you have a personal injury case. To evaluate a case, an attorney needs to have a solid understanding of the applicable laws or regulations, an idea of who could potentially be liable, and the extent of the injuries to the victim. If you are the victim, however, you likely are concerned with how much compensation you may be entitled to cover your losses and the timeline for receiving a settlement. An attorney can help you answer these questions and fight to get you the best result.

If you or a loved one has been hurt, contact Zinda Law Group at (800) 863-5312 for a free case evaluation. It’s always free to speak to an attorney and you never pay unless we win your case.

What Could Be Considered A Personal Injury Case?

Personal injury is a broad area of the law that refers to any incident in which a victim experiences an injury to their body, mind, or emotions due to the negligence of another. Note that personal injury cases are distinct from cases in which property or reputation is damaged. Personal injury cases can encompass almost any situation in which a victim is injured, whether it be a car accident, medical malpractice, a wrongful death, or a workplace injury.

Do I Have A Personal Injury Case?

Most often, personal injury cases are based on negligence. In short, this means that someone has done something wrong. There are a few distinct steps involved to be able to prove negligence.

The Other Party Had a Duty

First, you must be able to show that the party from whom you are seeking damages had a duty to act in a certain way. This could be shown via a law or statute, or testimony that establishes what the typical code of conduct is in each field.

The Other Party Breached This Duty

After establishing what the duty was, you must then show that the other party breached this duty in some way. For example, evidence that a car driver was speeding would tend to show that they breached their duty to drive carefully.

The Breach Caused the Damages

After duty and breach, you must establish a link between the breach and your damages. In other words, your damages must be a direct result of the breach without the presence of any intervening causes.

There are Actual Damages

Finally, though it may seem obvious, you must be able to show that you did suffer actual damages. For example, if you were in a car accident, you can only recover damages if you sustained some sort of injury. [KT1] 

Damages in a personal injury case can be either economic or non-economic. Economic damages represent the tangible losses you incur because of your injury, like medical bills or lost wages. Non-economic damages encompass things like pain and suffering or the loss of enjoyment of your life.

Other Theories Of Liability

While negligence is commonly used in personal injury cases, there are other theories of liability that can be used to seek compensation.

Strict Liability

Strict liability is a theory that does not require a plaintiff to show any negligence on the part of the defendant. Instead, the defendant is held strictly liable for a victim’s injury. This is commonly utilized in defective products cases in which a product manufacturer can be held liable for a defective product they sold regardless of how the product ended up that way.

Vicarious Liability

In some circumstances, a person can be held liable for the actions of another. For example, the owner of a trucking company can be held liable if one of the truck drivers that they hired causes an accident.

Intentional Torts

Personal injury cases often involve someone who didn’t intend to cause the harm that they did. They may have acted irresponsibly or even recklessly, but their intent was not to hurt anyone. Sometimes, this is not the case. Intentional torts deal with cases in which someone intentionally causes you harm. For example, if someone punches you in the face in a bar and breaks your nose, this would be handled as the intentional tort of assault.

Need Help? Contact Zinda Law Group Today?

The field of personal injury law is very complex. This is true for several reasons, namely, that personal injury law is a very broad area with lots of different sub-category. It can often require lots of different knowledge types like medical expertise or mechanical understanding, and there are insurance companies and attorneys fighting to pay you as little as possible. Therefore, it is critical to hire an attorney who has the necessary experience and capacity to be able to assist you in your case.

Zinda Law Group’s attorneys have the resources of a nationwide firm combined with the personalized attention of a smaller law firm. In addition, we believe that no victim should have to worry about their ability to afford legal representation, which is why we offer our No Win, No Fee Guarantee—you won’t pay us anything until we win your case for you.

Call Zinda Law Group today to speak with personal injury attorneys.

Meetings with attorneys are available by appointment only.