We go about our daily lives never really expecting to get hurt. Accidents are preventable, but they do happen. When an accident causes injuries to another person or significant property damages, the victim should be able to recover compensation. The liable party may refuse to pay. They might even deny that they were at fault. The victim can pursue a personal injury lawsuit to hold the party accountable.
But first, you might want to know if you have a claim. Before pursuing a personal injury lawsuit, here are the key questions you must ask yourself.
Did the defendant owe you a duty of care?
While a duty of care can sound intimidating to establish, it is relatively simple. Every person must exercise reasonable care to the people around them. A driver should always obey traffic rules and regulations to prevent motor vehicular accidents. A property owner should keep their property free from hazards or warn visitors and guests about them. We all have a duty of care to others in one way or the other.
Did the defendant breach the duty of care?
When drivers drive while drunk or distracted in any way, they breach the duty of care they owe to others on the road. Similarly, a property owner who does not immediately address a hazard on their property breaches their duty to the visitors and guests who enter. These are only examples. Basically, a breach of duty of care happens when the defendant fails to exercise a standard of care that a person of ordinary prudence would have under similar circumstances.
Did their breach of duty cause you to suffer damages?
It is not enough that the defendant failed to exercise reasonable care. The defendant’s negligence or wrongful actions should have caused or contributed to the damages you suffered.
If you answered yes to all these questions, you must act fast and make the liable party pay for the damages they caused you. Idaho has a statute of limitations for personal injury claims. The victim has a maximum of two years from the accident date to file.