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Three Signs That You Have a Personal Injury Case

By Norman Younker on May 25, 2016


An injured man speaking with a personal injury attorneyThe legal team here at Younker Hyde Macfarlane has a storied history in Salt Lake City. We are well-versed in personal injury law and the complexities of the legal process. Our mission is to help our clients obtain damages for the hardships they've endured, and we fight for them diligently every step of the way.

Before seeking legal counsel and filing an action, it can sometimes help to know whether or not you have a personal injury lawsuit. Let's consider the three basic signs of personal injury lawsuits and what those mean.

About Personal Injury Lawsuits

First things first, let's define the term in question. Personal injury lawsuits are filed in order for injury victims to collect damages following a serious accident or incident has been sustained.

Two kinds of damages can be sought in many cases: compensatory damages and punitive damages. Compensatory damages are intended to cover the material losses sustained as a result of the injury, such as medical bills, lost wages, and lost future earnings due to long-term disability. Punitive damages are intended to punish the person or party responsible for the injury accident.

This is a broad look at the nature of these lawsuits. Let's look at three signs that are important when you're considering a legal action.

Sign #1: You Experienced an Injury

Perhaps one of the most important aspects of a personal injury lawsuit, the plaintiff in the case must have experienced an injury of some kind during an incident.

Sign #2: The Injury Was Not Pre-Existing

Another important factor to consider in personal injury case is that the injury sustained was not a pre-existing one. This means that the accident or incident in question caused the injury that you suffered from and not another factor or incident prior to it.

Sign #3: The Injury Was Caused by Another Person or Party

This is one of the most important factors of personal injury lawsuits. It's important to demonstrate that the defendant in a case was responsible for the accident or incident occurring. Further, it must be shown that the defendant caused the injury as a result of their action or failure to act.

Examples of All Three Signs Together

Say that you are involved in a serious auto accident with a drunk driver. You suffered a concussion (a serious brain injury) as a result of the crash, which has caused you to experience severe headaches and seizures and impacted your overall quality of life. Since the driver was drunk, it can be shown that his actions led to the collision and the injuries that you sustained.

As another example, say that you are checking into a hotel. As you are making your way through the lobby to the elevators, you slip on liquid left on the freshly mopped linoleum floor that has not be marked or designated as wet. This leads to you fracturing your ankle and wrist. Since the hotel management and staff did not note the potential slipping hazard for customers, their negligence may demonstrate that they are responsible for your injuries.

How Our Personal Injury Lawyers Can Help You

During a case, our lawyers will fight diligently on your behalf, seeking damages to cover your losses. We want to ensure that you receive strong counsel, and offer advice on the trial phase as well as accepting legal settlements for your injuries. We will give you the counsel you need to help ensure legal success.

Speak with the Attorneys of Younker Hyde Macfarlane

For more information about your legal rights following a serious injury or accident, be sure to contact our team of personal injury attorneys today. The lawyers of Younker Hyde Macfarlane are here to help you in your time of legal need.

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