Have you sustained an injury at the expense of someone else's negligence? How do these injuries happen? They can be a result of a motor vehicle accident, construction accident, slip and fall, you name it. In cases such as these
In cases such as this, the injured party may seek compensation for the damages they suffered through a personal injury suit. When injuries are severed, then filing a lawsuit seems like the obvious course of action, but what happens when there are many cases, where people are suffering and may not have severe injuries that interrupt their lives. This leads to the question, what do you do? File or not file?
What Do You Need to File a Personal Injury Claim?
The first step in taking legal action after a person injury, is figuring out who the liable party is for the damages. The liable party has to show proven neglect to act with reasonable care when performing the action that harmed the plantiff.
Personal Injuries and Negligence
A personal injury case also requires that the liable party in question acted negligently in some way that violated said duty of care. Negligence is when a party fails to act or acts incorrectly in a way that leads to the harm of a party like a plaintiff. There are however many cases where someone is harmed but the person did not act negligently . Situations can include unforeseeable events or malfunctions that are beyond the liable party to take action agains, which would mean then that the plaintiff does not have a personal injury case.
Personal Injury Severity and Lawsuit Eligibility
Most importantly, finding a personal injury case, requires that the injury was severe enough to warrant taking legal action. This does not mean specifically that the plaintiff needs to have great physical injuries, like a burn or spinal injury, etc. What it does mean is that the damage that that was caused , causes a ripple effect in the persons life, that leads to lost wages, opportunities, or even ending a career. For example, a broken leg is a "normal" injury that requires a normal amount of recovery. However, breaking your leg, can end a career if you use your legs physically, or it can cause you to take off a lot of time from work, which can end a career or lost wages. These damages deserve compensation even if the injury is not physically intense.
When Should You Not File a Personal Injury Lawsuit
One of the biggest obstacles facing those who wish to file a personal injury lawsuit, is the investment of time and money. A PI case can easily end up taking over a year to reach a conclusion. Legal fees and other miscellaneous costs can add up, ending up making lawsuits an expensive undertaking. Taking this on can sometimes dissuade a person from taking any legal action at all, if their injuries or damages are not that serious.
Speak to a Personal Injury Lawyer About Your Case
The best way to get the information you need on whether or not to file a lawsuit for PI, is to speak with an experienced attorney. We have insight that can provide invaluable information for your case, and can evaluate whether this will be a great fir for you or not.
Our consults are always free, reach out to Ashmore and Ashmore, and ask for Jennifer!
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