Do I Have a Case?
May 13, 2021
First, legal issues are highly individualized – that’s why it’s important to contact an Aurora personal injury lawyer and explain the specifics of your situation. That’s the only sure way to determine if you have a case or not.
What is a Party?
Generally, people file lawsuits against another party if they have been injured (physically, emotionally or financially) as a result of that party’s actions.
A “party” can be:
The point of a lawsuit is to seek financial compensation from that party – be it restitution for medical expenses, damages, lost wages or even compensation for emotional and/or physical suffering and trauma.
Personal injury law is also known as tort law. Usually, you have a case if you have been injured as the result of some other party’s negligence. Negligence is the failure to act as a reasonable and careful person would under the same or similar circumstances. An example of negligence would be someone not stopping at a stop sign due to not paying attention to the signs on the side of the road.
Negligence is important in personal injury cases because it must be proven in order to win the case. If you accidentally leave your oven on and the resulting fire burns down your house, you probably don’t have a case. If, however, your oven has a manufacturing defect, or the instruction manual contained errors, or the oven was improperly installed by a professional, and that results in a house fire, then you probably do have a case.
These are simple examples to give you a general idea of what constitutes a legitimate claim. Some areas of law, such as employment discrimination and medical malpractice, are much more technical and complicated.
Only a qualified lawyer can determine if your specific situation warrants legal action. That’s why it’s important to set up a consultation as soon as possible.