Looking At A Case Like A Personal Injury Attorney
The difference between how a random individual who has been hurt will see a potential case and how a personal injury attorney might see it can be quite different. If you're trying to figure out what to do with a possible claim, it may be beneficial to try to think about your situation in the same way a legal professional would.
Determining What Occurred
Before a case can go very far, it's necessary to establish what the events were that happened and how they might be interpreted as a civil tort. This means determining a few key factors.
First, was the incident the consequence of the specific actions or inaction of a person or an organization? Second, can we clearly identify who was responsible for what happened? Third, can we describe how they might have taken action to prevent what occurred? Fourth, was there a measurable level of harm? If all four of those are answered affirmatively, then we at least have the outline of a case that a personal injury attorney services provider can take.
An Example of an Incident
You walk into a grocery store on a day when it has been raining lightly. The entryway to the store is extremely damp. No signage has been posted warning about the wet area, and there is no evidence an effort has been made to clear the issue up. You end up slipping on the water and fracturing your shoulder severely.
The specific organization in this example is the ownership and management of the store. We should be able to identify store personnel and managers who should have addressed the situation. The action they should have taken was to dry the area up or post visible warnings directing people away from the water. Measurable harm occurred in the form of a shattered shoulder.
Legal Standing
Having established who the defendant is and what they might have to answer for, the next big issue is determining whether the plaintiff, usually you or someone very close to you, has the right to pursue a claim. If it happened to you, you're likely on solid legal ground. Spouses and dependent children also can frequently seek compensation on behalf of partners and parents, although this is usually limited to cases where someone has been severely disabled or killed. If you do have standing, you can contact the responsible party's insurer and initiate the claim process.
For more information, contact your local personal injury attorney services today for an appointment.
