Updated: Oct 23, 2020
A personal injury case can arise from many different situations, such as: a car accident, slipping and falling anywhere, sitting on a bench that just happens to break, getting bitten by someone’s dog, or any other type of incident or somebody else’s negligence causes you an injury.
Despite the myriad of different situations that can lead to a personal injury case, all personal injury cases have two important parts in common: 1.) Liability and 2.) Damages.
Liability is basically about whose fault it was. First, you must prove that someone else’s fault caused your injuries. You must be able to prove that someone, other than yourself, is liable for what happened to you. However, you don’t need to prove that it was totally somebody else’s fault. Liability can be partial. You still have a personal injury case even if the other person was only partially at fault, and maybe it was partially your fault, it depends.
Sometimes, it can’t be that two or three people are at fault for causing your injuries. The bottom line is that liability portion of personal injury case is about proving that someone else cause you to have an injury.
Damages part of a personal injury case is about how much money you can get from the person or people who were at fault of causing your injuries. The amount you can recover is usually proved by showing what type of medical attention you required, such as physical therapy, surgeries, chiropractic care, or any other type of medical treatment. Not only can you recover the amount of the medical bills you pay, but you can also recover for the pain and suffering are you experienced due to the injuries and medical treatment that you underwent. If your injuries are serious, and require a lot of medical treatment, you will be able to recover a larger amount of money, then if the injuries are minor and don’t require any medical treatment. If a person who was liable for your injuries was only partially at fault, then the amount of money you can get is reduced by the percentage of their fault.
When personal injury attorneys are deciding whether to take on your personal injury case, they will examine both liability and the damages. The case must have both for a personal injury attorney to take on client’s case. Even if liability is clear, and it was 100% someone else’s fault, if there are no injuries, then it is unlikely an attorney would take the case, because there won’t be any damages to recover.
If you’ve been injured, you should contact a personal injury attorney as soon as possible, so the attorney can determine whether they can represent you in recovery money (damages) for you.