Do I have a personal injury case?
February 4, 2015 | Litigation Issues
The first thing that must be addressed when you are trying to determine whether you might have a personal injury case is taking a look and asking did somebody act unreasonably under the circumstances towards me and if they did, did that cause harm to me? So for example, it’s unreasonable to run a stop sign absent an emergency right? Somebody chooses to run a stop sign and runs into your car but causes no damage to your car and no damage to you as a person, they might have acted unreasonably but you don’t have a personal injury case because you weren’t injured, thank goodness, right? On the other hand, somebody could be in the middle of an emergency and be acting very reasonably and cause harm and maybe you don’t have a personal injury case. Or if you are the primary cause of your own injury because you were out doing something unreasonable, you might not have a personal injury case.
So we have to say, did somebody act unreasonably that caused me to suffer harm? If that happened to you, I suggest you call a lawyer, have a professional begin helping you determine if there’s a case. Sometimes there are cases, sometimes there aren’t. Somebody put in a medical device, boy it’s causing me problems. Well, are the problems the type of problems that you were warned about if you got the device? Or are the problems the type of problems that were explained to you are likely to occur if you accepted this medical device or are they outside of that as a problem? If you were taking “Yaz” birth control you weren’t warned that you might have a stroke. If you are twenty-four years old and you have a stroke or a pulmonary embolism because you are on birth control pill you might have a case. If you have a medical device that is supposed to last for ten years and six months into it it is causing blood poisoning from metal that is in your blood stream now, you have a case. We have to start with “What’s the conduct?” and if we analyze the conduct and then say to ourselves, did it cause any harm and if the answer to that is “Yes, I think something unreasonable happened and yes it caused me harm, quantifiable, identifiable harm”, you ought to call and speak to a professional about whether there is a case.