How do I know if I have a valid personal injury claim?

Suffering a personal injury due to an accident can be devastating. You may wonder if you have a valid personal injury claim to qualify for compensation. Not all accidents and injuries result in a valid claim. It is essential to understand the specific requirements of a valid claim.

If you believe you have a valid personal injury claim, contact a Philadelphia Personal Injury Lawyer for a free case review. The best way to know if your claim is valid is to consult a lawyer.

Ingredients Of A Valid Personal Injury Claim

Personal injury laws allow individuals who have suffered injuries due to someone else’s negligence to seek compensation.

To have a valid personal injury claim, you must fulfill several legal requirements.


Negligence refers to the failure to take reasonable care to avoid causing injury or loss to another person.

To establish negligence, the injured party must demonstrate the following:

  • The at-fault party had a duty to exercise reasonable care to prevent harm to others.
  • The at-fault party breached their duty of care through their actions or omissions.
  • The breach of duty of care directly caused harm or injury to the injured party.

Duty of care in personal injury law defines the concept of responsibility. It is the legal obligation that requires individuals to take responsibility for any injury that results from their negligent action.

It is the injured party’s burden of proof to convince the judge or jury that there was a breach of care committed by the at-fault party.

It is not enough to merely demonstrate that the at-fault party was negligent, careless, or reckless, it has to be established beyond reasonable doubt that their negligent act was the cause of the accident.  The injured party has to establish that they suffered compensable damages due to the breach of duty by the at-fault party.

These damages may include physical injury, mental anguish, emotional distress, lost wages, loss of quality of life, property damage,  and pain and suffering.

Hiring A Personal Injury Lawyer Ensures A Favourable Outcome To Your Claim

Police departments and insurance companies allot very little time and resources to investigate your claim. An Auto Accident Lawyer will investigate your case thoroughly, which may involve hiring expert witnesses and finding all of the evidence available.

Gathering evidence ensures that your case is strong. Evidence may include medical records, accident scene photographs and videos, witness statements, and experts’ reports.

Our law firm works tirelessly to achieve fast, favourable settlements for our clients in Philadelphia, but when this is not possible, we are ready to go to court for trial.

Clients come to lawyers in times of need, fear, and uncertainty. At The Law Offices Of Greg Prosmushkin, P.C. When our clients call, they get to talk to their lawyers, not secretaries, paralegals, or voicemails.

At our Philadelphia personal injury law firm,  we handle all types of personal injury claims. Contact a lawyer at our law firm to schedule a free initial consultation.

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