Requirements for a Personal Injury LawsuitIf you have been injured as a result of another’s wrongful acts, you may be entitled to compensation. This includes damages for medical bills, lost work time, and any pain and suffering incurred. However, not every injury is grounds for a lawsuit. To file a personal injury case, you must meet certain requirements.

The first step of a personal injury lawsuit is to determine if clear harm has occurred. The harm must be provable and a direct result of the accident. Besides physical damage, emotional distress is a viable claim, but is more difficult to prove.

You must evaluate if the person you are suing had a definable duty. They must have owed a duty to you, meaning they had an obligation to act in a certain way because of the circumstances. For example, drivers owe the duty of driving with reasonable care to other drivers and pedestrians.

Negligence occurs when the defendant fails to fulfill their legal duty of care. To prove negligence, the person being sued must have breached the duty. The lack of due care then resulted in an injury, which lead to damages.

If you have suffered from a personal injury and wish to receive a monetary recovery for your damages, Khorozian Law Group is here to help! We will evaluate your case to determine if you meet the grounds to file a claim. Call me, Linda Khorozian, at (201) 944-9200 for a consultation.