Should I Sue For Personal Injury?
Mar 06, 2021 09:36 AM EST
If you have been injured and are thinking of suing for personal injury, there are some things you should consider before going ahead with the lawsuit. You should start by knowing that not everything that causes you harm gives rise to legal action. You need someone else to be legally at fault for your injuries in order to have a valid claim for personal injury.
Finding a Way to Recover Compensation for Damages
If you have been injured, you may find a legal remedy by filing a lawsuit through the legal system or by presenting an insurance claim through the insurance of the party responsible for your injuries or, in some cases, through your own policy. The purpose, in either case, is to seek to recover compensation for damages. These are all the costs associated while you try to recover your health, as well as the amount of income you have lost due to your inability to go back to work and other items such as pain and suffering.
How can you be successful with your claim?
There are three requirements that need to be present in order to be able to receive monetary compensation. These are:
The party from whom you expect to receive this compensation must have been negligent. This means they must have acted toward you in a careless manner. This means, for example, that if you were injured in a car accident because the other driver had a blowout, there is no negligence or carelessness towards you unless you want to go after the tire manufacturer.
It was this negligence that caused your personal injury. If you slipped and fell in a retail establishment because of a puddle of water on the floor, the store's owner or manager would have been negligent because they neither cleaned it up nor warned you about the possible hazard in your path.
This injury resulted in compensatory damages. This makes reference to the fact that the injuries need to have made you incur in medical bills and had other repercussions in your life such as losing your income. If you fell but had no injuries, it would be difficult for you to seek damages even if you consider that someone else would have been seriously injured under the same circumstances.
Your Personal Injury Attorney Will Investigate Your Case
It is important for you to meet with your personal injury attorney in order to familiarize them with your case and to give them the opportunity to determine whether the three elements above are present. If it is determined that they are, the process may continue.
Your lawyer will need to investigate your case to get a thorough understanding of the events, how extensive your injuries are, and the costs. Once that information has been gathered, they will reach out to the attorney representing the other party or their insurance. Negotiations will begin and you will be kept informed about them. If any other significant developments take place you will also be notified. While all this is happening, your only focus should be on your health and your recovery.
If you want to learn more about personal injury and the timeline involved in this legal action, you may read more here at goldsteinlaw.com and get all your questions answered before moving forward with your claim.