What is a “Personal Injury” Case?
Even if you’ve never done so yourself, you’ve probably heard of people that have sued an individual, business, or other organization after experiencing an accident of some kind or sustaining an injury, but maybe you’ve never thought of doing so yourself. For some people, their natural response to an injury might be to simply try to brush themselves off and try to move on with their lives as best as they can. However, there are some circumstances in which it may be in your best interest to seek the services of a personal injury lawyer, particularly if you believe the accident or injury was not the result of your own actions or inaction, but rather, someone else’s fault. If you’re right, you may be entitled to monetary compensation for the physical, mental, or emotional injuries you suffered as a result.
So what kind of circumstances warrant seeking a personal injury lawyer and potentially filing a claim? There are a lot of different scenarios that can fall under the personal injury law category, but generally speaking, the most common fall under the following categories.
Many of these accidents can occur anywhere, but in regards to slip and fall cases, those that result in personal injury lawsuits typically happen in a public space or business, such as supermarkets, public parks, retail stores/offices, parking lots, and sidewalks.
In the end, though, a personal injury case just needs to consist of two main factors: 1) an individual or individuals who have sustaining a bodily or psychological injury, that is 2), the result of another individual, organization, or other entity’s carelessness (also called “negligence), or other form of wrongdoing.
How Much is My Case Worth?
How much your case is worth all depends on the cost of your damages. In other words, what have your injuries cost you financially? You can seek compensation for a variety of costs and expenses, such as lost wages, medical bills, pain and suffering, and other losses.
How Will They Decide the Results of My Case?
In a personal injury case, there are two central elements that need to be determined. One being liability (who is at fault for this injury or accident, and how much of the blame are they responsible for?), and damages (how much monetary compensation you, the victim, are entitled to?).
As a quote from the American Bar Association concisely explains, the judge will ask ““Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages?”
If your lawyer can prove both liability and damages, you will be compensated.
There are, however, some things which may bar your right to compensation (or at least reduce the amount of compensation you are able to receive), such as:
- If you are partially or fully to blame for your accident or injury (having caused it or contributed to its occurrence in some way)
- If you failed to take action to mitigate your injuries (like not going to the hospital) or took actions that worsened your injury
- If you knowingly and willingly participated in a dangerous activity
Still not sure if you should pursue a personal injury claim? Contact our team at Antol and Sherman for more information and a free consultation.
Our team of dedicated trial attorneys at Antol & Sherman, PC, have more than 60 years of combined legal experience and a strong track record of providing successful legal counsel. We have been practicing criminal, family and divorce, drug and DUI, and accident law in Flagstaff, Arizona and surrounding northern Arizona cities including Camp Verde, Sedona, Williams, Holbrook, Winslow, Cottonwood, Mayer, Seligman, Kingman, Page, St. Johns and more for over 30 years. Antol & Sherman, PC and their staff of lawyers would love to sit down and discuss your legal needs. Please call us at 928-241-6339, stop in today at Antol & Sherman, PC, 150 N Verde St Suite 102, Flagstaff, AZ 86001 or visit us at flagazlaw.com.
Click here to see what to do after a car accident.