Was that person "negligent" and do I have a personal injury case?
Many people are injured as a result of car accidents, motorcycle accidents, industrial accidents, construction site accidents, bicycle accidents, pedestrian accidents, and medical malpractice. If the injury was the result of another’s negligence, you may have a personal injury case. Negligence is the failure to exercise the type of care that a reasonable person in society would exercise under the same circumstances, also known as reasonable care. Negligence does not simply mean that someone has done something wrong. Rather, there are elements of negligence that have to be established. These elements are duty, breach, causation, and damages. For a more detailed explanation of the elements of negligence, click here: The Elements of Negligence. If your personal injury attorney can establish these elements, then you may have a personal injury case. A personal injury case is a legal request for financial compensation for damages suffered as a result of another’s negligence. However, your personal injury claim may be subject to a statute of limitations. A statute of limitations is the maximum period of time you have to initiate a claim, or bring legal proceedings, based on the negligent event that caused your injury. At Van Dorn & Curtiss, we can review your case and help determine your claim eligibility.