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Deciding Whether to File a Personal Injury Lawsuit? These Tips Can Help (Part 1)

When deciding whether to file a personal injury lawsuit, one of the first things to consider is whether you have a strong case and can prove the defendant caused your injuries.

When deciding whether to file a personal injury lawsuit, one of the first things to consider is whether you have a strong case and can prove the defendant caused your injuries.

After a car accident, a slip-and-fall accident or any event that results in a personal injury, you will likely be focused on recovering. Once your health is stable, however, your next concern may be deciding whether or not you should file a personal injury lawsuit. In this decision stage, there will be a number of factors to consider; however, in general, making your decision regarding whether to pursue a personal injury lawsuit for your physical injuries, mental anguish, potential property damages and other losses can be easier by asking yourself the following questions:

  1. Do I have proof of my personal injury? Or, in other words, do I have a strong case?
  2. Would I be willing to accept a settlement or endure mediation instead of going to trial?
  3. Even if I win my case, is it going to be possible to collect the awarded settlement from the defendant?

Here, we will focus on the first question by taking a closer look at what it means to “have a strong case” for personal injury claims. When it comes to proving that another person or company has been negligent and that this negligent caused (or contributed to) your injuries, you will need to be able to demonstrate the following in order to win your case:

  • The defendant had a duty of care with respect to you. A duty of care is a legal obligation that requires one party to abide by standards that would provide a reasonable degree of care when performing certain actions in order to prevent predictable harm to others. For example, while doctors have a duty of care to their patients, so too do vehicle equipment manufacturers have a duty of care when it comes to drivers.
  • The defendant failed to meet the duty of care. After establishing that one party owed you a duty of care, you must then be able to prove that it failed to abide by this duty. In other words, you will have to prove that the defendant did not act as any other reasonable person or party would have to avoid causing you injury.
  • The defendant’s actions caused your injury. Also referred to as the “but-for” proof, this element will require that you establish that you wouldn’t have sustained injuries if not but for the actions of the defendant.

If you or a loved one has sustained any type of personal injury, you are encouraged to consult with the lawyers at the Law Office of Mike Hulen, PC. Our trusted Denver personal injury attorneys have a proven track record of successfully handling car accident cases, wrongful death suits and other types of personal injury lawsuits, and we are experienced at helping victims and their families secure the maximum possible settlement for their losses. We encourage those who think they may have a claim to meet with us for a free initial consult to learn more about their legal rights and to receive a thorough evaluation of their case. Call us at (303) 932-8666 to get your case started at no upfront cost.

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