Filing a Personal Injury Suit: What Grounds Constitute An Actual Case?

There’s no doubt that you’ve sustained some type of injury. While that’s a start, it’s not sufficient grounds to seek damages in a personal injury suit. The only way to know if you have a case for personal injury in San Antonio, TX, is to seek counsel from a lawyer. Here are some examples of grounds that may apply in your case.

Establishment of Definable Duty

This aspect has to do with what’s considered a duty to you and others who frequent the site where the event took place. For example, an employer has a duty to employees to employ all safety measures required by law. Failing to do so means that the duty to you was not honored and you have a case.

Implied duty is also something that may apply. Anyone operating a motor vehicle on a public road is expected to take certain measures to ensure the safety of everyone in the vehicle plus others on the road. That means running a red light and crashing into another vehicle would constitute a breach of duty. At the same time, if the driver ran a stop sign or light because road conditions made it impossible to control the vehicle, proving the driver failed to exercise property duty would be more problematic.

Evidence of Negligence

Is there proof that the individual took deliberate actions that led to the injury? Those could be engaging in actions that created an unsafe setting. For example, injuring yourself by slipping on a wet floor in a supermarket could be grounds for a suit, provided the store management failed to ensure that the wet spot was not clearly cordoned off using signage. If there was no warning that the floor was wet, there’s a good chance you have grounds for claiming a personal injury in San Antonio, TX, due to negligence.

Clearly Defined Harm

Evidence that you were injured due to the actions of the other party is essential. There must be evidence that your neck injury was caused by the accident and not by something that happened soon afterwards. While most claims for personal injury in San Antonio, TX, have to do with physical issues, there are times when claims of emotional injury may apply.

Do you believe that you have grounds for a personal injury suit? Call the team at the Law Office of Jesse Hernandez today. You can also visit Law Office of Jesse Hernandez to arrange a free case evaluation. We’ll go over the information that you provide and explore all the legal options for seeking some type of compensation for the injury.

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