So you’ve shown that the defendant’s behavior was below the standard expected of a reasonable person and you’ve established a causal link between the defendant’s negligence and an accident. There’s still one more requirement to succeed in a personal injury claim—you must show that you suffered an actual loss.
At first, that may seem like an odd requirement—you’ve been in an accident! There must be some kind of loss, right? Perhaps and perhaps not—here are the types of questions a court will attempt to resolve to determine whether you are entitled to damages (a monetary award for any losses suffered):
- Were you unable to work because of the injury? If so, were your lost wages covered by disability insurance or any other form of reimbursement. If all your wages were reimbursed, you haven’t incurred a loss.
- Did you have any medical expenses because of the accident? If so, were they covered by insurance?
- Did you experience any pain or suffering because of the accident? What form did that take and how did it affect your daily life?
- Did you experience a loss of companionship or consortium because of your injuries? Were you unable to be with loved ones because of the accident?
- Did you sustain damage to any property, such as your motor vehicle?
If you can’t answer any of the above questions in the affirmative, then it won’t matter if you can establish a breach of care and show a causal relationship between that breach and an accident—you have experience a compensable loss.
Contact the Law Offices of McNerney & McAuliffe
Contact our office by e-mail or call us at 201-525-1980. All major credit cards are welcome. We will travel to meet with you, if necessary. Evening and weekend consultations are available upon request.