Personal injury is an area of the law that is frequently misunderstood by people who are not familiar with this complicated topic. Some people believe that you can “sue for anything” while others believe that you should never file a lawsuit. Both extremes are inaccurate; there are lawsuits that are well worth filing as well as those that are clearly unfounded.
How do you know if you have a good personal injury case that is likely to settle or win an award that will pay your damages? The attorneys at Bernstein & Poisson in Las Vegas offer some of the factors that make up a valid personal injury case and often lead to settlements or awards that pay the victim’s damages.
1) Personal injury cases involve an injury. While you may be inconvenienced or upset, it does not necessarily follow that every bad act on the part of someone else is grounds for a lawsuit. Every day, people cut you off in traffic, speak disparagingly to you or mishandle your change at the store; none of these are grounds for a lawsuit. However, when someone causes you physical, mental or emotional injury that is substantial enough to interfere with your life, the chances are good that you may have a personal injury case.
2) Personal injury cases result in monetary awards. While you may want to punish someone for bad actions, personal injury cases are about monetary damages. Sometimes, the only way to hold someone accountable is to make him or her pay money for being negligent. However, if your purpose is to shame, embarrass or harass the person who hurt you, a personal injury lawsuit is not the way to handle that situation.
3) Personal injury cases hinge on “proof.” The standard for a jury to make an award in a personal injury case is on “preponderance of evidence.” That means that the jury must believe that there is enough evidence to show that the defendant was truly responsible for the injuries. While you never “prove” a case, you can convince a jury that your case is valid. Fortunately, most personal injury cases never go to trial. If the defendant’s attorneys believe you can prove your case, they will often move to settle.
If you have questions about personal injury cases or think you may be entitled to compensation from someone who hurt you, it is important to contact a personal injury attorney with years of experience. Bernstein & Poisson in Las Vegas is ready to help you with your personal injury case.