Getting What Is Rightfully Yours

2 Things You Need To Have To File A Personal Injury Lawsuit

25 August 2015 by Penny Fisher

Personal injury lawsuits are filed every single day. Many people are getting large settlements from injuries and accidents that they were in. Because you see the success of other people's lawsuits, you might be wondering if an accident or injury that you have had is worth a lawsuit. In order to win a personal injury lawsuit there has to be a couple factors. Here are some things that had to have happened.

1. The Defendants Had To Have A Responsibility and Duty Toward You

One of the most important things when proving fault in a personal injury case was that the defendant, the person that you are suing, had a responsibility toward you. This means that they had some sort of duty to keep you safe. For example, if your family was swimming at a public pool that advertized that there was a "life guard on duty" and your child drowned because the lifeguard was missing, you may be able to sue for damages. The pool, by claiming that they had a lifeguard, didn't necessarily promise that no one would drown, but they did say that someone would be present. So if no one was present, and someone drowned, the pool could be liable.

However, if you own a private pool and kids trespass onto your yard in the night to swim and someone is injured, you probably wouldn't be liable. This is because you had no duty to protect that person. If the defendant had no duty toward you, then even if the accident was unfortunate, no one was at fault.

2. There Has To Be Injuries That Were Sustained From The Accident

Another important feature is that the accident had to actually cause injuries. In a personal injury lawsuit the plaintiff, or the person filing the lawsuit, will ask for damages. This is the amount of money that they need to help pay for the injuries, pay for their pain and suffering and much more. If you can't prove that victim in the accident actually had any injuries, then you have no lawsuit.

For example, if you were swimming at the pool earlier mentioned and the lifeguard was nowhere to be seen and you had a panic where you almost drown, but you actually didn't and had no injuries, you couldn't sue. Although you could complain and report the pool for lack of safety standards, there would be nothing to sue for.

By understanding what is required to file a personal injury lawsuit, you can know if you have grounds for a lawsuit. For more information, visit a site like http://www.glaserebbs.net

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