If you have experienced a personal injury, you may be wondering if you have a case. Though every situation is unique, there are some general qualifications that a scenario must meet in order to be eligible for filing claims. If you need any additional assistance determining if you have a personal injury case, our attorneys would be happy to help.
First of all, to establish a case, someone else must be liable for causing your personal injury. This means that someone’s actions or negligence directly caused the situation in which you injured yourself. Solely being hurt is not grounds for a lawsuit. Negligent actions leading to a personal injury could include failing to provide signage for a wet floor, knowingly not removing obstacles from a pathway, and more. When someone has done something (or failed to do something), and you are injured as a result, you may have a case. If you are not sure if your injury took place because of someone else, but you think it might have, contact us for a free consultation.
Once liability has been established, you must be able to prove it. You may know that someone’s actions are the cause for your injury, but when it comes to having a case, you must have proof. Proof can include statements from people who witnessed the accident occur and can vouch for the negligent actions (or lack thereof) of the property owner. Proof can also include accident reports, medical documents, pictures and video surveillance, and more. It is best to gather as much of this information and evidence as possible, so the likelihood of proving negligence is increased. Accident and Injury Attorneys are able to assist with this, as well as deciding if you have enough proof to have a viable case. Often proof is necessary to show the cause of the injury, the extent of the injury, and how it could have been prevented if proper precautions were taken by the property owner.
Cost vs Compensation
Another important factor to consider when deciding whether or not to file a case is if the potential compensation for your injury outweighs the total cost of filing the lawsuit. Your accident or injury attorney should give you an estimated total of expenses before you begin pursuing a case, and will most likely compare it with what your potential compensation is should you choose to file and win the lawsuit. It is important to consider these costs versus compensation in order to determine if it will be worth it. Even though you may have been injured and it may have been someone else’s fault, in some scenarios, the potential payout does not compensate for the amount of fees and the time spent on the case.
Statute of Limitations
Yet another key aspect to consider is if your case still falls within the statute of limitations. For every scenario, there is a certain amount of time that you have to file a claim. Every state and claim type has its own statute of limitations, so it is best to familiarize yourself with your particular one and make a decision on whether to file or not within that time constraint. Even if you have concrete proof that your injury was caused by someone else, and the potential compensation far outweighs the cost of a case, if you want too long to file, it will no longer be valid and you will not be able to further pursue it.
As we mentioned at the beginning, every case is unique, and should be treated as such. If you think that you might have a case, contact us today for a free consultation. Our experienced accident and injury attorneys would be happy to help you determine your eligibility and case strength, and will fight for your compensation and well-being should you choose to pursue a lawsuit.