Posted on: 9 June 2020
Not all wrongdoing by others is grounds for a lawsuit. You may hear about people suing each other and businesses, but just because someone files a lawsuit doesn't mean it will make it the first day of trial. To find out more about lawsuit grounds, read below what you should know.
Private citizens can file lawsuits, but professional legal help is highly recommended. Contacting a personal injury lawyer and letting them evaluate the facts of your case means you don't wait time and money filing useless lawsuits with no grounds.
It's worth noting that almost all personal injury suits never make it to the trial stage, and that includes many that have very solid grounds. That is because it's quicker, easier, and less expensive to settle the case outside of court. Your personal injury lawyer will try to settle with the other guy by sending them a list of demands and by negotiating with them (or their insurer) for the best monetary settlement possible.
One of the most important grounds for a lawsuit is proof of harm done. That can be physical harm, like the injuries received in a car accident. It can also be other types of harm, such as harm to a reputation with defamation suits.
Proof is also needed when it comes to grounds. You may suffer harm from an accident, but with no proof, your case is dead in the water. For example, if you are hurt in a car accident but don't seek medical treatment, your chances of successfully negotiating a settlement or winning a court judgment are nil. You must get medical treatment for your injuries. As soon as you suspect you have been harmed, take action. Delays could prevent your lawyer from gathering needed evidence for your case. For example, if you are hurt in a car accident, eye-witness statements are vital evidence. Unfortunately, witnesses can be more difficult to locate and their memories of what they saw can degrade with time.
You must draw a link between your injuries and the harm done. That may seem obvious but this element of a legal case can be the most challenging. When cases are lost, it is often because the victim can show harm done as well as proof of harm done. They cannot, however, draw a line between the actions of the defendant and the harm done. For example, if you sue a driver in a wreck, the driver may show that their brakes failed and blame the wreck on the brake manufacturer. In that case, you cannot show the other driver caused the wreck.
To learn more about this complex issue, speak to a personal injury lawyer like Jack W Hanemann, P.S. right away.Share