Personal Injury Calculator

Do You Have A Personal Injury Claim

A personal injury calculator will not do you any good if you do not have a valid claim. So, how do you know if you have a personal injury claim? Basically, you must be able to prove four (4) facts:

1. You must prove that whoever injured you had a duty to act in a certain way. There must be a duty to either do something or not do something. For example, when driving a car, drivers have a duty to apply their brakes to avoid hitting the car in front of them. Drivers also have a duty to not enter into an intersection until it is clear and safe to do so.

2. You must prove that whoever injured you also breached the duty to do or not do something. Following the above examples, you must show that the other driver did not apply the brakes of his/her car and hit your car as a result. Or you need to show that the intersection was not clear or safe to enter, but that the other driver entered the intersection anyway and caused an accident.

Another way of looking at facts 1 and 2 when there is a car accident is to ask "was the other driver doing what he/she was suppose to do?" If "yes", the other driver is probably not at fault for the car accident and you probably do not have a personal injury claim. If "no", then the other driver probably is at fault for the car accident and you may have a case.

3. You must prove that you were injured because of whatever the person (who injured you) did or did not do. Again, following the above examples, you need to show that because the other driver did not apply his/her brakes, his/her car hit your car, and that that caused you to be injured. Or you need to show that because the other driver entered an intersection that was not clear or safe, he/she caused an accident, and that the accident caused you to be injured.

4. Finally, you must prove that you were, in fact, injured. The bottom line is that if you were not injured, you do not have a personal injury claim.

This is basic general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

To help determine what your personal injury claim is worth, see Personal Injury Calculator Homepage.

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