Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Filing A Personal Injury Lawsuit: 2 Facts You Should Know

Law Blog

After being injured in an accident, it may be possible to collect compensation by filing what is known as a personal injury lawsuit. This type of lawsuit is different from a standard insurance claim in the fact that it asks the court to determine what is a fair amount of compensation rather than counting on the insurance company to offer a fair settlement. Consequently, it is not uncommon for accident victims to receive more compensation when choosing to file a personal injury lawsuit. However, not all cases will qualify for this type of judicial intervention. Taking the time to review the two facts below can help you to determine whether or not your case may qualify you to file a personal injury lawsuit.

Fact #1: An Individual Must Be Legally Liable In Order For You To File Suit Against Them

Simply blaming someone for causing your accident is not enough to justify filing a personal injury lawsuit. Instead, this person must meet the standards of legal liability.

There are two main factors that must be proven in order for a person to be held legally liable. These two factors are:

  1. The person was negligent or incompetent in their actions
  2. Those actions are the cause of your accident, and ultimately your injuries

For example, if you are injured in a car accident, the other driver could be held legally liable if they had been drinking or were distracted by a phone call at the time of the accident since these actions meet both of the criteria for legal liability.

Fact #2: You Must Suffer A Measurable Financial Loss

There are two types of damages that can be sought in a personal injury case, real and punitive damages.

Real damages cover measurable financial losses that you suffered as a result of your accident, such as medical costs.

Punitive damages on the other hand, cover all of the compensation that you believe you are entitled to despite the lack of a measurable financial loss, such as compensation for pain and suffering.

While you are certainly free to seek punitive damages as part of your personal injury lawsuit, these damages cannot be the basis of your claim. Instead, you will need to list at least one instance of real damages in order to file a personal injury lawsuit.

A Final Thought

While there are certain guidelines that all personal injury cases must follow, it is important to note that no two cases will be exactly the same. Consequently, it is always a good idea to consult a reputable personal injury attorney before making any final decisions regarding your case. To find out more about personal injury claims, contact someone like Leen and Emery.


4 June 2015