Do I Have a Legal Claim?

The first thing that many individuals wonder when they are hurt in an accident is if they have a legal claim. It is often difficult to parse through the specifics of a case to understand who might be at fault and whether a third-party acted inappropriately such that they will be held accountable, in full or in part, for the harm caused.

Of course it is impossible to say with certainty whether one has a legal claim without knowing details about the situation. However, in general, the civil law holds that one who is injured (or their surviving family members) has a legal claim for recourse any time that another party intentionally or negligently causes harm. Intentional misconduct is obvious: the other party causes harm on purpose. Negligent misconduct is much more nuanced, but in general it refers to situations where someone acts unreasonably.

Negligence is by far the most common form of civil suit filed. It arises in many situations. In a car accident, one driver may be negligent when they are speeding, run a red light, fail to yield appropriately, or in any other way do not act carefully. Negligence might occur when a property owner fails to keep floors free of hazards or ensure those on the property are safe. Professionals, like doctors, nursing, long-term care workers, and others can also act negligently in their work, causing harm to medical patients, nursing home residents, and others.

In fact, in some special cases a third party does not even need to be shown to have acted negligently in order to have a legal obligation to provide redress. That includes “strict liability” cases where dangerous products are made and cause harm.

The bottom line is that injured parties have legal claims in many different situations, even when the claim might not be self-evident. Because every situation is very fact-specific, the best bet is to always visit a personal injury attorney and share you story. The attorneys at The Rothenberg Law Firm LLP offer a no obligation- free consultation. Therefore, there is nothing to lose by explaining how you were injured and learning how the law applies in your specific case.

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