The legal team at the Law Offices of Sean M. Burke have helped countless people in and around Orange County during their time of legal need. This includes legal counsel in personal injury lawsuits as well as advice that one can only hope to receive from a skilled litigator.
One of the questions we receive quite a bit at our law firm goes something like this: “I've been injured--can I file a personal injury lawsuit?” We'd like to take a moment to answer that question.
Defining Personal Injury Lawsuits
To discuss the signs that you have a potential personal injury lawsuit, it may be best to consider the basics of these kinds of cases.
A personal injury lawsuit is a legal claim filed when a person sustains an injury in some kind of accident or incident that is the fault of another person or party.
Let's break this down into different facets and sections now. There are generally three criteria to consider when it comes to seeking a personal injury lawsuit.
Sign #1 – You Suffered an Injury
First and foremost, the first aspect of a personal injury case is that someone has sustained an injury. This could be a broken bone, a serious head injury, pulled muscles, nerve damage, lacerations, and so forth. Without an injury, there is no personal injury case.
Sign #2 – The Injury You Suffered Was Not Pre-Existing
To qualify the first sign, the injury that a person experienced should be an injury that was not pre-existing at the time of the accident. An injury may be aggravated and warrant a personal injury suit in some cases, but the sure sign that you've got a viable case is that the injury can be directly linked to the accident or incident.
Sign #3 – Your Injury Was the Result of Another Party's Actions
Just as important as the nature of the injury, there's a question of responsibly. The injury you experienced has to have been caused by a person or party.
For instance, if you got into an auto accident because you were inattentive and slid off the road into a ditch, there would be no personal injury lawsuit. However, if a drunk driver collided with you or caused you to swerve and wind up in a ditch, that is likely grounds for a personal injury lawsuit.
As another example, say that you were rear-ended in your vehicle. The driver that rear-ended you had been awake for an extended amount of time, and in this drowsy state posed a greater danger to people on the road. In these cases, that motorist may be considered liable for the accident and injury you sustained.
How Our Attorneys Can Help
Sometimes injury litigation is not so cut and dry. In order to ensure you file a viable personal injury lawsuit, it's important that you consult with skilled attorneys such as ours. We can go over all of the evidence in your case and offer you an honest assessment about the viability of your personal injury claim. We are here to help you.
Contact Our Personal Injury Attorneys
To learn more about your legal rights in a personal injury case, be sure to contact our personal injury attorneys today. The legal team at the Law Offices of Sean M. Burke are here to help you in your time of legal need.