In earlier blogs, we defined the standard of care in a personal injury lawsuit and we helped you understand causation. You cannot recover any type of monetary award in a personal injury claim unless you can first show that the defendant breached the duty of care, and that the breach caused you injury or loss. It’s not enough, though, to show that you were injured-you must show actual losses.
Wait a minute, you say-if someone is paying attention and hits your car, you’ve suffered a loss, haven’t you? The court will look at the nature of your injuries, looking to see if you’ve sustained any compensable injury. Let’s assume that someone can’t stop and taps the back of your car, jolting you a bit. Here are the questions the court will consider:
- Did you have any out of pocket expenses because of the accident-Was there any repair to your vehicle that wasn’t covered by insurance? Did you miss any work that caused you to lose pay? Did you have medical expenses that were not reimbursed?
- Did you experience pain or suffering?
- Did your injuries prevent you from engaging in activities that would be a part of your normal life-sports, hobbies, etc.?
- Were you unable to enjoy the full benefits of your relationship with your spouse, family or friends because of the injury?
If you answer no to all of the above questions, you may have no basis for recovery, even though the person clearly breached the standard of care and clearly caused the accident.
Contact the Law Offices of J. Lewis & Associates
To discuss your legal needs with an experienced Riverside personal injury accident injury lawyer, contact our office online or call us toll-free at 1-800-228-0507. There is no charge for your initial consultation. Se Habla Espanol.