How Do I Know I Have a Personal Injury Case?

You may be feeling overwhelmed and distraught after suffering devastating injuries in a traumatic accident. Depending on the type of accident you were involved in, you may not be sure how the accident occurred, who is responsible for causing your injuries, and what to do next. Many injury victims have the right to compensation for their injuries when another party’s negligence is the cause of the accident. 

Contacting a compassionate and knowledgeable Memphis personal injury lawyer may be the best way to find out whether you have grounds for a claim. However, when you are still in your hospital bed, wondering what your next move should be, you need answers. With that in mind, here is more about some of the most common accidents and injuries seen in personal injury lawsuits and how to know whether you have grounds for a personal injury case.

Common Accidents that May Require a Personal Injury Claim

There are some types of accidents that meet the requirements for a personal injury case more often than others. However, it is important to remember that every person’s case is different. If the type of accident you were involved in is not included in the list above, you may still have the right to compensation for your damages in a personal injury case.

With that in mind, some of the most common types of accidents that often require legal action through a personal injury claim include:

• Motorcycle accidents
• Car accidents
• Slip and fall accidents
• Commercial truck accidents
• Bicycle accidents
• Pedestrian accidents
• Medical malpractice
• Nursing home abuse and neglect
• Any accident involving catastrophic injuries
• Construction accidents
• Manufacturing accidents
• Dog bites
• Exposure to toxic substances
• Repetitive stress injuries
• Any work-related accidents

Common Types of Personal Injuries to Sue For

You may have concerns that your injuries are not considered severe enough to warrant legal action against the individual or entity responsible for causing your accident. However, it is crucial to remember that you do not need to have suffered life-threatening or catastrophic injuries to have grounds for a personal injury claim.

With that being said, there are some types of injuries survivors and families sue for more often than others. These include:

• Whiplash
• Concussion
• Spinal cord injuries
• Broken and fractured bones
• Facial trauma
• Dental injuries
• Soft tissue injuries
• Traumatic brain injuries
• Back injuries
• Shoulder injuries
• Neck injuries
• Hip injuries
• Wrist injuries
• Post-traumatic stress disorder (PTSD)
• Internal bleeding and organ failure
• Septic shock caused by lacerations
• Fatal injuries

If you or a loved one are dealing with another type of injury that was not included in the list above, you could still have the right to compensation for your damages. Do not hesitate to connect with an experienced personal attorney to discuss the severity of your injuries and the impact they have had and are expected to continue to have on your life.

Grounds for a Personal Injury Lawsuit

Recognizing the grounds for a personal injury lawsuit is one of the best ways to tell whether you have the right to file a claim in civil court. Generally, as long as someone else’s negligence is the cause of your injuries, and your injuries have had or are expected to have a substantial impact on your life, you can take legal action by filing a personal injury claim.

Proving Negligence 

But what is negligence? It does not necessarily mean the person responsible for causing your accident intended to cause your injuries, but rather that they are ultimately at fault and should be held accountable accordingly.

For any personal injury lawsuit to be successful, your attorney must show that the elements of negligence have been met. These include:

• Duty of care – The accused party owed you a duty of care or had an obligation to your safety
• Breach of duty – The accused party breached their responsibility to you and your care by action or inaction
• Causation – The accused party’s actions or lack of action were the proximate cause of your injuries or accident
• Damages – You suffered severe financial losses, emotional distress, physical injury, or psychological trauma due to the accused party’s inactions or actions

The Impact Your Personal Injuries Have on Your Life

Arguably, the most important way to tell you have grounds for a personal injury claim is to examine how significantly your injuries or the accident have affected your life. If you did not suffer severe injuries, financial losses, or emotional distress, you may not have a need to file a personal injury lawsuit. 

In civil court, you are entitled to total financial recovery. This means you should be repaid for every loss you experience. Consider whether you have been affected by the following economic and non-economic damages:

• Emotional trauma
• Mental anguish
• Excruciating physical pain
• Psychological suffering
• Loss of income
• Exorbitant medical expenses
• Diminished earning potential
• Loss of benefits provided by your employer
• Costs of medical equipment and devices
• Vehicle repair costs or personal property losses
• Embarrassment, indignity, and shame
• Anticipation, shock, and fear
• Damage to your personal or professional reputation
• Inconvenience
• Cost of household maintenance
• Unexpected childcare expenses
• Disfigurement and skin scarring
• Permanent disability

These are just a few examples of damages you may have the right to recover as part of your personal injury claim. You do not need to have suffered every loss listed above to have grounds for a lawsuit. However, your life must have been significantly impacted by economic or non-economic losses for the court system to grant you the compensation you are entitled to.

Connect with a Top-Rated Personal Injury Attorney Today

If you are still unsure whether you have the right to take legal action via a personal injury case, you are not alone. You can get answers when you meet with an experienced personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC. 

Our team is proud to offer free consultations to injury victims throughout the state of Tennessee, parts of Arkansas, and nearby Mississippi. Take advantage of this opportunity to reclaim control of your life when you contact us to schedule yours. You can get started as soon as today by calling our office or completing our convenient contact form.