Accidents happen all the time. They occur at home, on the roads, in parking lots, at work, on sports fields, and in shopping malls. Even the most cautious people are sometimes injured in an accident that they cannot predict or avoid. Unexpected injuries can be devastating. They may mean an inability to return to work, sometimes permanently. Injuries may be minor or more severe. Some injuries may even be fatal.
All unexpected injuries can be hard to deal with financially. If an accident is solely the fault of the person who is injured, there is little that can be done but to put up with the financial burden if uninsured. However, if the injury has been caused by someone else’s negligence, then there may be an opportunity to recover the personal cost of the injury by filing a personal injury claim. It helps to use an attorney who has experience in personal injury cases to help you with your claim.
When You Can File a Personal Injury Claim
To file a personal injury claim, there must be sufficient grounds to substantiate your case against the person or party who you believe was responsible for causing the injury. These grounds can be summarized as follows.
- The injury must have been caused by an act of negligence on the part of someone else.
- The negligent party may have been an individual, a business or some other kind of organization.
- There must be sufficient proof that the party you are suing was responsible for your injury.
- The personal injury law in the state where the accident took place must allow you to file a claim. For example, in some states, you may not be able to file a personal injury claim if you have been injured in a car accident unless the injuries are serious.
- There must be proof that the damages you are claiming were a direct result of the injury, e.g. doctor’s report, hospital report and bills for treatment.
When a Personal Injury Claim May Be Impossible or Difficult to Win
In some cases, a personal injury claim cannot be filed, or the rules may limit the way a claim can be filed. For example:
- if the accident and injury took place at work and the employer had workers’ compensation insurance.
- if the claim is filed too late, e.g. after the state’s statute of limitations has passed.
- if the injury happened due to negligence on the part of an employee or agency of a government entity, such as a city council, state or federal authority. Usually, a claim can still be filed in these circumstances, but the procedure is more complicated and must take place more quickly.
An Experienced Personal Injury Attorney May Help You Win Your Case
Most personal injury attorneys will have come across your circumstances before and will be able to give you an informed opinion about your chances of winning your case. Most personal injury attorneys also work on a contingency fee basis and provide free initial consultations. If the attorney agrees to take on your case, the legal fee will normally be deferred until a satisfactory settlement is reached.
