If you have been injured due to someone else’s negligence, you may have a personal injury case.
There are more than 300k cases filed every year, with most of them related to vehicle accidents.
Pursuing compensation can be complex, but educating yourself on the key aspects of these cases is important. Understanding what to expect and the core legal concepts involved allows you to make informed decisions if you are considering filing a claim.
Being aware of the standards you’ll need to meet and the obstacles you may face saves time and prepares you for the road ahead.
Below are five key facts you need to know about personal injury lawsuits.
They Require Negligence to Be Proven
The basis of a personal injury lawsuit is that another party was negligent in some way, directly causing your injuries and damages. For example, if a distracted driver who is texting ignores a red light and crashes into you at an intersection. Lawyers specializing in personal injury claims will need to prove negligence with evidence like security footage, witness testimony, medical reports, and more.
There Are Different Types of Claims
There are various grounds for filing a personal injury lawsuit.
Some common claims include motor vehicle accidents caused by reckless or drunk drivers, medical malpractice claims against negligent doctors, defective product liability claims if you’re injured by faulty consumer goods, and premises liability claims for slip and falls and other incidents that happen on someone else’s unsafe property.
The Statute of Limitations Must Be Considered
Every state has a statute of limitations – a deadline for how long after an incident you have to file a claim. This window ranges from 1 to 6 years depending on the type of claim and state it’s filed in. If you miss the statute of limitations, you forfeit your right to compensation. It’s crucial to discuss your case with an attorney promptly to avoid exceeding time limits.
You Must Prove Your Injuries and Damages
It’s not enough to prove negligence – you also must demonstrate the extent of your injuries, losses, and damages caused by the incident.
This can be done through evidence like medical records, pay slips showing lost income, receipts for property damage or medical treatment, and records proving how the injury has impacted your quality of life. Documenting evidence thoroughly is key.
Your Compensation Depends on Many Factors
Every personal injury case is unique, so there are no guarantees concerning exact compensation amounts. Factors impacting settlement offers include the severity of your injuries, medical costs, lost income, insurance policies involved, state damage caps, the defendant’s liability, and more. An experienced attorney can assess these factors and estimate the potential compensation you may receive.
Personal injury cases have specific and often strict guidelines built around aspects like negligence standards, claim types, statutes of limitations, evidence rules, and compensation factors. Understanding these key legal elements allows you to build the strongest argument for obtaining damages to cover what you’ve lost.
An attorney well-versed in local regulations can help guide you in preparing and filing your best possible claim. With average settlements ranging from $3k to $75k, this is why you need a lawyer on your side.