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Chanfrau & Chanfrau

3 Signs That You Have a Personal Injury Case

By William Chanfrau, Jr. on April 15, 2016

An injury victim in a wheelchairThe law firm of Chanfrau & Chanfrau has been helping accident victims and their loved ones located in and around Daytona Beach. Our team of experienced personal injury lawyers fight diligently for clients every step of the way, offering legal guidance through all phases of the litigation process.

Perhaps most importantly, we offer clients insight into the viability of their case. With that in mind, let's look at personal injury cases in basic terms and what three factors need to be present to consider a lawsuit.

Defining Personal Injury Lawsuits

In broad terms, personal injury lawsuits refers to legal cases sought by injury victims in order to receive damages for their medical expenses and other matters. These kinds of lawsuits are pursued following car accidents, medical mistakes, injuries at places or business, and during scuffles or physical altercations.

There are three signs that are very important and simple to consider when it comes to a personal injury lawsuit. Let's go over each below in more detail.

Sign #1: You Were Injured

Perhaps this goes without saying, but an actual physical injury is necessary when it comes to filing a personal injury lawsuit. These injuries may be moderate to severe, but it's important that one occurred in order to pursue a personal injury lawsuit.

Sign #2: The Injury You Sustained Was NOT Pre-Existing

Another important factor to consider, it's important that the injury you sustained was not one that existed prior to the accident. The accident needs to have caused the accident you suffered from, and the direct link between the incident/accident and the injury needs to be established. This is another matter that may not need to be stated given how obvious it is, but it's an important distinction to make.

Sign #3: Your Injury Was the Result of Another Person's Actions

Perhaps the most important aspect of a personal injury lawsuit, it's important to show that the injury or injuries you sustained were the result of another person acting negligently or failing to act in a reasonable manner that would have prevented the incident from occurring.

For example, say that you were injured in a car accident with a drunk driver. The act of drinking and driving can be considered as cause or an important contributing factor in your injury case. In another example, say that you slipped and fell in a supermarket due to an unwiped spill or a leaking pipe. The failure for employees to clean up the spill can be shown as a direct cause of your injury occurring.

Seeking Damages for Your Injuries

During your personal injury lawsuit, you will seek damages from the defendant. This is a monetary reward, and there are two kind of damages that may be sought:

  • Compensatory Damages – Compensatory damages will cover actual losses experienced from the injury, such as medical bills, lost wages, property damage, and so on.

  • Punitive Damages – Punitive damages are sought in order to punish the negligent party for their actions and discourage future similar actions in the future.

Both compensatory and punitive damages may be sought depending on the nature of your case.

Meet with the Attorneys at Chanfrau & Chanfrau

To learn more about legal matters and how we can help you in your time of legal need, be sure to contact our personal injury law firm today. The laywers of Chanfrau & Chanfrau are here to help you achieve advantageous resolutions in your case.

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