It can be difficult to know when you have a personal injury case, since not every single injury is going to give rise to legal liability. A Louisville personal injury attorney can review your case to determine if you have a claim worth pursuing, but there are several common factors you should consider in making a decision yourself as to whether you have a viable case.
The first important consideration is whether someone was responsible for causing your injury. If no one did anything- either intentionally or carelessly- to hurt you, then you don’t have a case.
The next question is whether the potential defendant owed a legal duty to you that was breached. A legal duty can arise in many different ways. Product manufacturers have a legal duty to all consumers to produce and sell only products that work safely. Doctors have a legal duty to provide competent medical care to patients. Drivers have a legal duty to practice safe driving.
If someone owed you a legal duty by virtue of your relationship, then the next consideration is whether that duty was breached. A breach can occur when an individual does something wrong on purpose. It can also occur when someone is negligent. If a person is unreasonably careless while driving- more careless than a hypothetical reasonable person would be- then this person breached his/her legal duty of care.
If the breach of duty (negligence or intentional bad act) led directly to you suffering an injury that requires compensation, then you likely have a personal injury case. A Louisville personal injury attorney should be consulted to review the specifics of the events leading up to your injury to determine what legal recourse you have.
The personal injury attorneys at Gray & White in Louisville Kentucky have represented many victims of drowsy driving accidents and can put our legal experience to work in your case. Contact us today at 502-210-8942 or toll free at 888-450-4456.