Bringing Your Case Forward: Determining The Viability Of Your Personal Injury Lawsuit

26 April 2016
 Categories: , Blog


If you have been injured in an accident, or because of the purposeful act of another party, you may have a viable personal injury lawsuit to file. But to determine whether you have a decent case, you will have to prove a number of facts. You will have to show the extent of your injury, that your injuries are a direct result of the accident, and that your injuries caused you financial, emotional or physical losses. 

Determining Your Injury

When you have been hurt, you will need to seek medical care. Your treatment records will be the proof you need to show the extent of your injury. When you go to meet with a personal injury attorney who will be assessing your case, you should bring all of your medical records that involve treatment for your injuries. Your medical records should include any visits to the emergency room because of your injuries, appointments with your treatment providers, and any testing that has been done such as X-Rays, MRIs or CT scans. 

Deciding What Caused Your Injuries

How you were hurt is important to a personal injury lawsuit. If you had a condition that existed previously, you have to be able to show that the injuries are new and were a direct result of the accident. If there is an accident report, you should bring this with you to the attorney who is looking over your case. If you were in a car accident, you may be found partially at fault if your actions contributed to the accident. You can still file a personal injury lawsuit against another party, as long as they are found at fault too.

Establishing Losses After an Injury

Once you can prove the extent of your injuries and what caused your injuries, you will have to show what your losses are in order to have a reasonable case. Losses are both pecuniary and non-pecuniary, and added together they make up your financial compensation if you win your lawsuit. Pecuniary losses are those that are measurable, such as lost wages or medical bills. Non-pecuniary losses are more difficult to measure, as they are for losses of function, permanent disability, loss of enjoyment, pain and suffering. Your financial compensation will be a combination of both types of losses, and the judge on your case will make the final determination as to what you are awarded.

If you believe you have been injured and someone else is at fault, it's time to meet with a personal injury lawyer, such as those at GSJones Law Group, P.S., to discuss your case.