contact us Contact Us Today! call us Contact Us Now!


3 Elements Your Personal Injury Case Needs to Win

When it comes to personal injury claims, there are a lot of misconceptions. People don’t always know what elements they need to prove their case or what constitutes a personal injury claim. Not understanding whether you have a case can prevent you from receiving the compensation you deserve. While you should always meet with a lawyer to find out the strength of the case, here are three elements that may indicate a strong claim.

1. Negligence

Negligence occurs when one person acts carelessly and causes another individual’s injuries. To prove negligence, you have to establish a standard of care. This means that the defendant had to use a reasonable amount of care in the circumstance. For example, drivers have to exercise care by following traffic rules. If a vehicle speeds or runs a red light and causes an accident, the driver’s negligence caused the other driver or passenger’s injuries.

In some cases, it is possible to share some blame for the accident. For example, if you weren’t wearing a seatbelt in a car accident, your injuries may also be attributed to your lack of a seatbelt. In this case, you may have to subtract your percentage of fault from the overall award.

2. Injuries

To file a personal injury claim, you have to face monetary damages. If someone acts negligently and could have caused an injury or damage, it is not enough to file a claim. Injuries could include physical injuries resulting in medical bills, lost wages or other costs due to the injury. Damages may also include damage to personal property or emotional pain and suffering.

3. Documentation

When you arrive at the law office, make sure you have appropriate documentation. To prove your case, you need to have documentation of the accident, the injury and the losses you suffered because of the accident. Some documentation you should bring with you include police reports, medical records, repair costs and witness statements. When working with a personal injury lawyer like one from David & Philpot P.L., he or she can advise you on the types of documents you need to prove your case. Bring the documents you have to your consultation and discuss what you may need to strengthen your case.

Do not wait to file your claim. Consult with a personal injury lawyer as soon as possible to find out how strong your claim is. Most personal injury lawyers will not accept your claim unless they think you have a strong chance of winning the lawsuit. Reach out to a top personal injury now if you want to receive legal assistance. 

Back to Blog

Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.