How does one know if they have a personal injury case. The biggest factor in any personal injury case, is injury. Did you suffer any type of injury as a result of a auto accident, slip and fall, workman’s compensation, etc. Without an injury, you really do not have a personal injury case. One of the biggest factors in a personal injury case is medical bills. If you do not have any, you may not be able to recover anything.
The basis for auto accident personal injury cases’s , again, is injury. Lets say Bob ran into the back of your car at a red light while he was sending his friend a text. Your car suffered minor damage. You suffered no injury. Bob’s insurance company would be liable for your property damage but not liable for any for an injury.
Lets say you were hurt when Bob ran into the back of your car but you did not go see a doctor. Even though you might still be hurting, you may not have a personal injury case. A personal injury case needs documentation of injury to support any type of claim. If you never go see a doctor, you don’t have a personal injury case.
Negligence is the when an individual does not exercise a reasonable standard of care for the safety of others. Bob was sending a text message and caused an accident, this would be an example of Bob’s negligence.
Proving Negligence in a slip and fall or premises liability might be a little more difficult. Lets say for example Jane is walking down the isle at the grocery store and falls down because there is a broken bottle of olive oil on the floor. The first question most people ask is, was there a wet floor sign out. If there was a wet floor sign out, Jane might should watch were she is walking. Another question might be, who spilt or broke the bottle of oil and does the grocery store know. In some cases, if the owner of the property” the grocery store” does not know there is oil on the floor that needs to be cleaned up, how can they be negligent. Negligence would be they put Jane in harms way by knowing about the spill, not putting out a wet floor sign, and not cleaning it up in a timely manner. If nothing but Jane’s pride is injured, she may not have a personal injury case.
Injury is the basis of every personal “injury”case. I can only assume that’s why its called personal injury. Delay of pain or injury could be relevant to any of these examples. Its always best to go see a doctor after any type of accident. Symptoms of injures may appear further down the road, you may feel fine today, but next week you may be in severe pain. Personal injury laws vary by state. We put more emphasis on your health than money. If you have been in any type of accident and feel fine, at least go to the doctor and get checked out, if anything for peace of mind