Do I Have a Valid Personal Injury Case?
March 16, 2018 – David Hahn
If you were recently the victim of an accident, injury, or emotional trauma, then you may be wondering what your legal options are. Unfortunately, not every injury entitles you to compensation. So, it’s important to think through everything that caused your injury before acting and make sure you have legal grounds for your claim.
What Are the Necessary Grounds for a Personal Injury Case?
In general, personal injury cases need to have two basic grounds. If your injury doesn’t meet these two conditions, then you may not have a case.
- Is the harm clearly defined? If you can’t clearly show how you were injured, then it will be difficult for a judge or mediator to see how you were affected. If a doctor or another medical professional can verify that you’ve been injured or experienced trauma, then it’s likely that the harm is clearly defined.
- Was the other party negligent in their duty toward you? For the other party to owe you compensation, they must have a pre-established obligation toward you. For example, a business owner has a responsibility toward their customers to keep their place of business safe. A driver on the road has a responsibility toward other drivers and pedestrians to follow traffic law. If another party failed to fulfill their obligation toward you, then you may have a personal injury case.
If you answered no to one or both of these questions, then we recommend speaking with a personal injury attorney. It’s possible that they’ll find something that you missed, which will allow you to pursue your personal injury claim.
If you answered yes to both of these questions, then it’s likely that you do have a personal injury case. What information should you gather before asking a personal injury lawyer to prepare your case?
Gathering Documents for Your Personal Injury Case
The next step in preparing your personal injury case is gathering documents that can act as evidence. If you want to make a personal injury claim, then it’s your responsibility to gather and present evidence with the help of your attorney. Completing this step is essential to presenting a strong case and will increase your chances of winning. The documents that you gather should include:
- Official reports: When an injury occurs it’s possible that a police report was filed, especially in the case of a car accident. You should request a copy of this report, as well as any other official record of the incident. This may include an incident report created by a business-owner or a recorded statement submitted to an insurer.
- Medical records: Having a full record of diagnosis and treatment received will help you prove that you were the victim of an injury or trauma. Request copies of your medical records, as well as any prescriptions or restrictions that were written by your physician.
- Photographic evidence: Taking photographs of your injuries, the scene of the incident, and any other contributing factors can help establish your case. Gathering any relevant photos or security camera footage is also helpful if your case goes to court.
- Witness statements: If there were other people around at the time of your injury, then you should get them to say what they saw in an eyewitness statement. If no statements have been made up to this point, then wait until you meet with your attorney. They’ll help you gather statements in a way that would be admissible in court.
Don’t skimp on your search. These documents will be used as evidence during your case and are key to receiving compensation. Thoroughly searching for each type of evidence will help you present a more complete case and increase your chances of winning.
Expert Minneapolis Personal Injury Attorneys
Our Minneapolis team includes many experts in personal injury law. We want you to receive the compensation and help that you deserve.
If you aren’t sure whether you should pursue your case, then contact us. We’ll review your case and any documents you have to help you understand the best way to proceed. Schedule a free consultation to get started.
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