Injuries happen everyday, some can even been permanent or leave debilitating long term damage. This can be caused from a Moto vehicle accident, construction accident, slip and fall, you name it...injury can arise that is caused by a certain liable part's negligence.
In cases like this, an injured person can seek compensation from damages suffered through a personal injury lawsuit. That leads us to the question, whether or not your injuries warrant filing a claim or not.
What Do You Need to File a Personal Injury Claim?
In order take action after a personal injury, you need to first be able to determine who is liable for their damages. In order for someone to be considered liable, they need to have a "duty of care" towards the plaintiff (you). This means the liable party was obligated to act with care while performing whatever action that caused you injury, and they failed to do that.
Personal Injuries and Negligence
You also need to know if the liable party in questions, acted negligently in some way. Negligence is when a party fails to act or acts incorrectly in a way that leads to the harm of a party (like you.)
Many situations involve unforeseeable events, or error that are beyond the power of a liable party, in which case you would NOT have a case.
Personal Injury Severity and Lawsuit Eligibility
Most importantly you need to make sure that your injuries warrant taking legal actions. This doesn't mean that you need to suffer in a large way like a spinal cord injury or something more serious, it just means that you need to be suffering because of an injury caused. For example, you broke your leg which is a fairly common injury in a number of accidents. It has a mild medical recuperation time, BUT an injury like this can cause damages that last well beyond the treatment. Lost job, lost wages, lost opportunities. These are all damages that deserve compensation.
When Should You Not File a Personal Injury Lawsuit
One of the biggest obstacles when facing a personal injury lawsuit is the actual investment of time and money it could take. these types of lawsuits can easily take over a year to reach a conclusion. Legal fees and other costs can make these lawsuits extremely expensive. Make sure you're considering the injury and if it's worth your time and money to seek damages.
Speak to a Personal Injury Lawyer About Your Case
The best way to figure out if you want to file a personal injury lawsuit, is to speak with an attorney. They can provide insight into this type of case and how it relates to you on a personal level.
Take time to seek out an attorney that has your best interests at heart!
For more information, visit our website: www.ashmorelawfirm.com
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