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What 2 elements are necessary for a personal injury lawsuit?

On Behalf of | Mar 22, 2022 | Personal Injury

Exaggerations and inaccurate information about civil lawsuits make some people have unrealistic or frankly ridiculous expectations. Some people think they can file a lawsuit over just about any issue, and they may look at a lawsuit as a way to make money. They imagine a massive windfall over something like a broken bone.

However, few people really understand how personal injury civil claims work. Once you understand the legal process for filing a lawsuit, you realize that civil actions do not present an opportunity for enrichment but merely for reimbursement if you have losses.

To bring a successful claim, your situation needs to meet two specific requirements. What are the rules that apply to personal injury lawsuits?

There needs to be negligence or misconduct involved

Generally, you need to show some kind of inappropriate behavior or dangerous omission on the part of the other party to take action in court.

Failing to put up a fence around a pool could be a form of premises liability caused by negligence. Speeding while driving could be a form of wrongful conduct. You need to prove that the other party did something wrong or didn’t do something they should have done to even have grounds to file a lawsuit.

There needs to be evidence of verifiable losses

To receive compensation in a lawsuit, you need proof that you have suffered losses beyond what the other party’s insurance policy would cover. Medical bills and property damage expenses are examples of some of the costs you could claim in a personal injury lawsuit.

Learning about the rules that limit personal injury claims can help you determine if you might have grounds to take a recent issue to court.