Personal injury is one of the most misunderstood areas of the law. There are lawsuits that are successful even though the victim does not appear to be seriously injured, while in other situations victims receive no compensation even though they have sustained serious harm. This causes great confusion for the average person and may lead him or her to question whether an injury really warrants a personal injury lawsuit.
The best way to evaluate your injury is to speak to a personal injury attorney like Daniel M. Gilleon in San Diego. However, there are also some questions you can ask yourself to help you better understand the nature of your injury and whether your situation warrants further examination.
1) Am I injured? The most basic question involved in personal injury is this: has there actually been an injury? You may have been in an accident that was frightening or inconvenient, but in order to recover compensation you will have to show that you sustained some type of injury. This injury could be physical, mental, emotional or financial in nature.
2) Does the injury affect my life? There are typically two types of injuries that are the focus of personal injury lawsuits: temporary and permanent. If you were temporarily frightened or upset by an incident but have now recovered and are able to pursue normal activities, it is hard to prove mental injury. However, if you have an ongoing fear due to your injury, you may be entitled to compensation.
3) Did the injury cost me in money, time or mental stress? Money is not the only standard for judging the effects of personal injuries, although it is usually the easiest metric to prove. You can show the amount of medical bills you incurred as a result of an injury, but it is hard to show how much stress the injury placed you under. Therefore, it is important to document problems or issues that arise as a result of your injury.
4) Was someone else responsible for my injury? You cannot sue yourself, so personal injury lawsuits are based on the negligent actions of another party. If no one else was involved in your accident, you may have a hard time filing a lawsuit. On the other hand, there may be parties that are responsible for your injury of whom you are unaware, so always speak to a personal injury attorney before deciding not to file a lawsuit.
Daniel M. Gilleon in San Diego has been helping victims understand their rights and recover compensation for injuries for many years. Call today for a free consultation about your case.