What do I need to prove before I can file a lawsuit?
You do not need to prove anything before you can file a personal injury lawsuit. If you feel that your injury (or the death of your loved one) was caused by negligence or recklessness on the part of another person or and entity such as a business, the first step is to discuss your circumstances with a personal injury lawyer. He or she will help determine whether your circumstances are appropriate for taking legal action.
In some personal injury or wrongful death cases, it is quite obvious that another person or company has been negligent, reckless, or acted to intentionally harm someone. In many other cases, however, the scenario is less clear. An individual may be partly responsible for his injury or death. This does not mean that a lawsuit is not appropriate — it simply makes the case more complex.
A common example is when a person in a car is injured in a collision. If he/she was not wearing a seatbelt or was text messaging while driving, for instance, he/she may be found to be partially responsible for his/her injuries. If the other driver was reckless or negligent at the time of the accident, however, the injured may still have a valid personal injury claim.
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