How do I know if I have a personal injury claim?

First of all, it is important to remember that the easiest way to find out whether or not you have a personal injury claim is to speak with a personal injury attorney. You may have a personal injury claim if you have been injured through the negligence or intentional act of another person, and sometimes it might not seem clear if you have a case or not. For example, if you have been injured while on someone else’s property, or if you fell down near a construction site that had warning signs around the area you may have a valid personal injury case.

It can sometimes be confusing for our clients to see who was at fault and why they were at fault. Occasionally, it's not the obvious party that was negligent - but rather a subcontractor or other third-party that caused the harm. Every personal injury case is different and has different elements to it. We will gladly discuss your case with you over the phone, at our office or any other location that is convenient for you. Below we will break down the components of a negligence claim. That is the last component to successfully pursuing a personal injury claim. Sometimes it takes extensive research to find all available insurance coverage that our clients are entitled to.

All personal injury claims can be broken down into smaller elements. “Negligence” is conduct that creates an unreasonable risk of harm, and the basic elements of negligence are:

  1. Duty. “Duty” means the standard of care that must be observed. There is a duty to act as a reasonable person would in the circumstances.
  2. Breach. “Breach” means failure to observe the standard of care. Essentially, a breach occurs where conduct has fallen below some minimum standard.
  3. Causation. “Causation” can be broken down into two types: proximate “but for” causation and legal “scope of the risk” causation. Proximate causation means that “but for” the other person’s breach, you would not have been injured. Legal causation means that the type of injury you suffered was within the scope of the risk created by the other person’s breach.
  4. Injury. “Injury” means that some type of legally cognizable harm was suffered.

In addition to claims based on negligence, there are different types of personal injury claims that involve the intentional acts of another person. The elements of these claims vary, but the most common examples are battery and assault.

Find Out if You Have a Personal Injury Claim Today. Call 617.492.3000 or 800.481.6199.

If you are not sure if you have a personal injury claim or if you have any questions about personal injury law, please contact the attorneys at Altman & Altman LLP at 617.492.3000 or 800.481.6199 (toll free) or contact us online, and we will provide a free consultation. At Altman & Altman, we offer highly-motivated and successful attorneys with decades of combined experience. We provide superior client service, and we look forward to helping you achieve justice through compensation for your injuries.

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