Not everyone who gets personal injury in an accident, file a lawsuit. The injury could have been due to person’s own act or brought about by a fortuitous event. It is not always easy to determine who is at fault when someone is injured, especially in complicated cases where many parties are involved.
If you have a personal injury claim, answer these easy questions and only then can you determine if your claim is indeed a viable one.
1. How did you got injured? Was it a slip and trip case? Did you used your appliance according to instructions and still it caused you injury? Personal injury covers a wide range of claims, from medical malpractice, defective products liability and wrongful deaths due to accidents, workers compensation and construction liability.
2. Whose fault is it anyway? Was it your fault or was it an accident? Was it caused due to an unavoidable circumstance like a cat crossing the road? Or it is due to others fault? Personal injury claims can be based on the recklessness, negligence, malpractice, or inaction of others. It will be the basis of your claim. Your claim will be evaluated based on the liability of the guilty party.
3. What is the severity of your injuries? Were you hospitalized or not. What are your other injuries? Personal injury is any injury to the body, mental trauma. This also includes the embarrassment you might have suffered because of the injury and the psychological pains it has caused you, including emotional distress.
4. What are your other losses? Did you fail to go to work because of that injury? If you successfully prove your claim for personal injury are: actual damages which represent the cost of hospitalization; compensation for loss of income; compensation for permanent disability; and other damages that can be awarded by reason of the injury like nominal and consequential damages.
5. Do I really have a claim? If your case falls in one of these categories, then you may have a claim: vehicle accidents; wrongful death claim; brain injury claim; premise liability claim; animal attack; product liability claim; slip and fall injury; general negligence; spinal cord injury; medical malpractice claim; and construction liability.
6. Do you have a lawyer? If you have a claim, or you think you do, the best way to proceed is through a lawyer. Many law firms specialize in personal injury cases. They could prove to be lot of help, especially if you are seriously injured.
Once you have gone through these, you can proceed further. Now the next thing is to choose a lawyer who could represent your case really well.
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