If you’ve recently been injured in a serious accident, you may be wondering how you’ll cover all your expenses. You’ve probably already filed a claim with your insurance, but you may also be entitled to additional compensation. Typically, an injured person can file a personal injury lawsuit to help recover the money they have lost because of the accident. This could include medical bills, psychological trauma, property damage, and lost wages. But how do you know if you have a case?
Speak to an attorney
Even if you’re not sure if you have a case, it’s important to contact an attorney that specializes in personal injury. An attorney like the ones at Preszler Injury Lawyers Nova Scotia can discuss the details with you and let you know how to proceed. They can often even ask you a few questions over the phone to determine whether or not you have a case, saving you time and money.
Personal injury case requirements
It’s important to know that not every personal injury case makes it to trial. There are certain requirements your case must meet in order to be presented. Mainly you have to have sustained injuries because of someone else’s negligence. This can result from an accident with someone who was texting and driving, or it can mean you were hurt in a slip and fall accident because of a wet floor in someone’s diner. There are many scenarios that would be considered negligence.
Secondly, the injury must be diagnosed. In other words, you must be able to provide documented proof. You may have suffered from emotional trauma because of the accident, but if it can’t be diagnosed, it can’t be documented. The same goes for physical injuries. Your physician must be able to properly diagnose your injuries as being caused by the accident.
Financial loss is the last requirement. If you are not out any money, then you can’t seek to recoup your costs. And these costs can range from medical to lost wages. This financial loss is usually an amount that is quite a bit higher than what insurance covered. For example, insurance may have covered the cost of most of your medical bills, but left a burdensome amount that you still have to pay. They may have covered your medical expenses, but left others outstanding. This could be the pay you lost from being out of work because of the injury, or it could be treatment you had to seek because of emotional stress.
Types of personal injury cases
Even though they’re the most common, car wrecks are not the only incidents that can result in personal injury. Assault and battery is another type of personal injury. These cases are strong because they are intentional and criminal. Dog bites are another type of personal injury. Dog-owners are usually financially responsible for any injury they cause to other people. You can also sue someone for defamation of character. This type of injury can cause unnecessary duress and harm a person’s character. Slip and fall is a type of personal injury caused by negligent owners. This can be caused by negligent landlords or property owners who fail to keep the area free of hazards. And lastly, there is medical malpractice.
One particular medical malpractice case was presented by a former professional football player. The athlete sued his orthopedic surgeon for damage that he claims ended his career. He claimed the surgeon caused him nerve and muscle damage during a knee surgery. Following the procedure, he was unable to play. The player then sued the surgeon for $180 million, which was an estimate of what he believed he would have earned during his football career.