Every personal injury claim is unique, but there is a predictable pattern within each set of circumstances that can help injured parties determine if a lawsuit should be filed.  Accidents and events that cause damage typically happen in an instant: a product malfunctions, a distracted driver hits your vehicle, you fall over an unexpected obstacle.

  1. Negligence. The first thing that happens is an act of negligence.  Perhaps someone is making a call while driving hits the rear of your car.  This is a classic case of negligence.  That person failed to fulfill their duty as a licensed driver to drive safely.
  2. The act of negligence cases an accident. Because the driver in the example was distracted by their phone, he barreled into your car.  It’s easy to see the correlation.  But doing something negligent and causing an accident is not enough to file a lawsuit.  The claimant must have suffered a loss or injury as a result of the accident.
  3. The accident results in injury or loss. If you slip and fall on a wet floor that is not marked and suffer no injuries and incur no damages, there is no reason to file a claim.  If you injure your knee and require surgery and rehab, there could be a significant amount pf damages from the accident.  Medical bills, rehab bills, and loss of income add up quickly.  If the only damage is a torn pair of pants, it would not be worth the expense of a lawsuit to recover $50.

If you have been injured in an accident and believe it was caused by another’s negligence, contact Scott Mullins, a personal injury lawyer for a free confidential consultation.