If you have been injured or lost a family member due to someone else’s carelessness, you are probably wondering whether you have a personal injury claim. In order to recover monetary compensation, you must prove three things.
Three Basic Requirements for a Personal Injury Claim
1. The responsible party was careless (negligent). For example, if a truck driver crashed into an innocent victim’s car because he ignored a stop sign, the truck driver, under the law, would be considered negligent.
2. The negligence caused the personal injury. In the above example, if the innocent victim sustained a broken arm and severe headaches as a result of the crash, the truck driver’s negligence would be considered to have caused the personal injury.
3. The injury resulted in harm (compensatory damages). In the above example, if the innocent victim’s broken arm and headaches resulted in medical bills, lost wages, and/or pain and suffering, the injury would be considered to have resulted in compensatory damages (i.e., damages for which an injured party may be compensated).