Before calling a personal injury claims attorney in Indianapolis, you may be considering the strength of your claim.  What makes a claim for personal injury recovery stronger usually consists of two basic parts: liability and harm.   If your injury situation has both of these basic elements, your claim for recovery may be stronger.   

Personal Injury Claim Part One: Liability

In order to recover for claim, your injuries usually need to be the result of another party’s negligence.   The other party must be at fault.   Simply being involved with an accident or an accident happening on another’s property is usually insufficient.   The accident must usually be caused by the other party’s “bad” or “sub-par” behavior.

Personal Injury Claim Part Two: Harm

The second part to consider with a personal injury claim is the extent of harm or “damages” that result from the incident.  The amount of harm in a personal injury suit is often disputed.  A major component of personal injury litigation is the extent in which the injured parties should be compensated for their harm.   As long as you have been sufficiently injured by the incident, almost always some clear degree of harm and damages can be proved in your case.

Are There Other Factors?

Personal injury claims cannot be explained or gauged by only two factors.  Many other factors also affect the strength of recovery for a claim.   One of the greatest other factors is whether the at-fault party has insurance or sufficient funds to pay for a recovery.  A defendant who has no insurance and is about to declare bankruptcy can make recovery in a personal injury case impossible.   Other factors such as court jurisdiction or how sympathetic a potential jury will be to an injured party’s situation are also large factors in the strength of a personal injury claim.    As in all aspects of life, a personal injury situation is far from simple.   Although the two most basic aspects of a claim are liability and harm, numerous other factors will play a critical role in the strength of the claim.  

 

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