Getting hurt in an accident can disrupt your future plans and lead to significant financial stress, even if your injuries will heal over time. If your accident was caused by a negligent party, you should not have to bear the economic consequences of a severe injury. You have the right to take legal action against the at-fault party and seek compensation.
With the help of a dedicated attorney from Whetstone Perkins & Fulda, you could file a civil lawsuit or negotiate a settlement outside of court. One of our Marion personal injury lawyers could stand by your side throughout the legal process and advocate for you and your family’s best interests.
How Negligence Could Lead to a Personal Injury
Personal injury claims in Marion are generally built around the concept of negligence. Proof of negligence is what allows careless or reckless parties to be held financially responsible for the harm they caused in an accident.
State law identifies four components to legal negligence, and you must prove all of these elements to hold the other party accountable for your losses.
Duty of Care and Breach of Duty
First, you and your attorney must establish that the defendant had an explicit or implicit responsibility to act reasonably and safely around you at the time of the accident. This is known as a “duty of care.” Once a duty of care is established, you must prove the other party breached their duty of care by acting negligently or failing to act.
Causation and Damages
The next step in proving negligence is showing a direct and causal link between the defendant’s reckless actions and your injuries. Lastly, you must prove that you sustained “compensable losses” as a direct result of the accident. Our personal injury attorneys in Marion could provide crucial assistance as you work to establish negligence in your case.
Effectively Seeking Compensation for Damages in a Marion Accident Case
In a successful accident case, you could receive compensation for economic and non-economic losses. Economic damages have a monetary value, while non-economic damages are purely subjective.
Many severe accidents result in long-term damages. Your injuries may require you to undergo rehabilitative therapy, and a permanent disability may prevent you from working after the accident. Given the lingering effects of a catastrophic injury, it is crucial that you seek compensation for all your current and future losses.
Potential Barriers to Financial Compensation
When pursuing a civil claim for compensation, you should note that there are many factors that could hinder your chances of recovery. There is a legal deadline for filing a personal injury claim. If you fail to take legal action before that time, the court will bar your case.
Additionally, you may not be able to claim full compensation if the court deems you partially responsible for the accident. An experienced local lawyer could explain these obstacles in greater detail and explore strategies for mitigating their impact on your personal injury claim.
Get in Touch with a Marion Personal Injury Attorney Today
Effectively pursuing civil recovery after an accident is challenging. If you decide to proceed without legal counsel, the defense team may try to take advantage of you. Additionally, various legal roadblocks and procedural complexities could prevent you from getting the compensation you need.
A seasoned Marion personal injury lawyer could be a vital ally during the civil litigation process. Call us today to schedule a consultation and learn more.