Justice Has No Limits

How Do I Know if I Have a Personal Injury Lawsuit?

On Behalf of | May 30, 2017 | Firm News

Have you been injured in an accident that was caused by another individual and that could have been avoided? You might have a personal injury lawsuit on your hands. There are four key questions to ask yourself when determining if you have a personal injury case:

  • Did you suffer a personal injury?
  • Was that injury caused by another’s negligence?
  • Was the cause of the accident avoidable?
  • Do you have recoverable damages?

These four elements are essential in deciding whether or not you have a personal injury case.

The experienced attorneys at Powell & Associates are here to help you. We can assist you in every step of your personal injury case from determining whether you have a case to calculating damages that you may not have even thought of. Allow our team to help you gather evidence and represent your case the best way we know how.

What is a Personal Injury Lawsuit?

Personal injury cases are disputes that arise when one person suffers physical and/or psychological injury from an accident, and someone else might be legally responsible for that injury. Lawsuits typically begin when an individual files a civil “complaint” against another person, business, corporation, or government agency, claiming that they acted carelessly or irresponsibly in connection with an accident or injury that caused them harm.

Four Key Elements in Determining a Personal Injury Case

There are four key elements in determining whether you have a personal injury case that you can pursue. The following four elements are fundamental to every personal injury case, but can be complicated and messy which is why the Powell & Associates team is there for you. Keep these elements in mind when deciding if you should pursue a personal injury lawsuit:


When trying to determine if you have a possible personal injury lawsuit, the first thing you want to look at is, whether the defendant owed the plaintiff a legal duty of care. If no legal duty of care was involved, then there will be no lawsuit.

Breach of Duty

After proving that the defendant owed the plaintiff a legal duty of care, the next thing to take into consideration is, whether the defendant breached the duty by doing or neglecting to do something that a reasonably prudent person would do.


The third element to take into consideration is, whether the negligent acts of the defendant directly caused the injury. Another aspect of this is whether the defendant could have foreseen that his or her actions might cause an injury.


The most common damages that the plaintiff receives are monetary to compensate for expenses such as medical care and property damage. Damages can be difficult to calculate because they can also account for psychological compensation.

Contact Experienced Personal Injury Attorneys at Powell & Associates

If you or a loved one feels that you have the key elements needed to file a personal injury lawsuit, contact the experienced attorneys at Powell & Associates. Request a free consultation online, or give us a call at 844-475-2948.