One of the most difficult questions for many accident victims to answer is the question pertaining to whether or not they have a legitimate personal injury claim. The reason that this question is so difficult for many people is that they simply do not know what it takes for a personal injury case to succeed. The good news is, by the time you reach the end of this page, you will have all the information you need to determine whether or not your personal injury case has what it takes to be successful.
In order for your personal injury case to succeed, you will need to demonstrate the presence of liability in your case. This is because unless you are able to hold someone legally liable for causing your injuries, there will be no one for you to collect compensation from.
In order for an individual or company to be held legally liable for causing your injuries, you will need to show that this individual acted in a negligent or incompetent manner. You will also need to demonstrate that their negligence was the direct cause of your accident. For example, if you were involved in a car accident and the other driver was on the phone at the time of the accident, this individual can be held legally liable for your injuries because their decision to talk on the phone rather than concentrating on the road demonstrated negligence and was the direct cause of your accident.
Even if liability is clear in your case, you will not be able to collect compensation if you did not suffer any real damages as the result of your accident. This is because while punitive damages can be awarded along with real damages, punitive damages cannot be awarded by themselves.
For the purpose of your personal injury case, real damages will be defined as any financial loss that you suffered as a result of your accident. For instance, any medical bills or lost wages that resulted from your injuries will be considered real damages.
Punitive damages on the other hand, are represented by financial compensation that you believe you are entitled to despite the lack of a financial loss. For instance, compensation for pain and suffering would be considered punitive damages.
Determining whether or not your case has both of the factors described above is just the first step in successfully settling your claim. Now that you know that your case does in fact have merit, you will need to consult with a qualified personal injury attorney in your local area in order to determine just how much your claim is worth and develop a strategy that encourages the insurances company to pay this full amount.