Personal Injury Lawsuit: To Sue or Not To Sue

Personal Injury Lawsuit: To Sue or Not To Sue

Did you know that the average settlement from an automobile accident is over $24,000? While a slip and fall settlement results in about $2,000, and a medical malpractice settlement averages over $300,000.

If you’re in pain because of a car accident or a workplace injury, deciding to proceed with a personal injury claim can be a difficult decision. However, depending on your injury, it may be in your best interest.

With this guide, we take a look at personal injury claims. From types of legal claims to making a civil case, you can learn if you want to file a personal injury claim today.

Now, are you ready to get started? Here’s an in-depth look at filing a personal injury lawsuit:

General Types of Incidents and Legal Claims

A simple accident doesn’t always guarantee the need for a personal injury claim. So, what types of accidents are you allowed to claim?

Now, that simple, you can file a personal injury claim for one of the following:

  • Car accident
  • Slip and fall
  • Medical malpractice
  • Defective product
  • Animal attack
  • Assault
  • Workplace accident

These claims usually come at fault of an individual, company, or manufacturer.

Do You Have a Legal Claim?

Legally you can file a lawsuit against an individual or a company that caused you to be injured. You can file a claim with the court or through your or the other party’s insurance. Either kind of claim will assess your injury, and depending on how severe it is you may receive damages for the injury that occurred.

For example, you could receive:

  • Pain and suffering compensation
  • Loss of income or earning ability compensation
  • Extra medical treatment, rehabilitation, and long term care compensation
  • Additional death benefits and funeral compensation
  • Additional housekeeping and home upkeep benefits
  • Extra caregiver benefits

Time Limits

If you want to file a personal injury lawsuit, consider the time frame. Per law, you only have two years to file a lawsuit. If you don’t file one within those two years, you can’t file a lawsuit at all.

The two-year timeframe begins when the injury first occurs, often at fault or caused by another party. However, the time limit does have some exceptions.

For example, if you’re a minor when the injury occurs, the time limit doesn’t start until you turn 18. Also, if you have surgery and notice something wrong afterward, the time limit starts once you notice the injury, not the date of surgery. Thus, if you’re worried about not having enough time to file, you may have more time than you think.

Making a Civil Case

If you’ve decided to make a personal injury claim, you’ll first need to prove the other party was negligent and, due to such negligence, caused your injuries. Under the law, the burden of proving the crucial claims of fault and therefore damages is solely placed on the person making the claim.

In these types of circumstances, it’s best to hire a personal injury lawyer. He or she can guide you through the entire process, starting with developing your claim to advising you through important settlement proceedings.

Since lawyers will always look out for your best interest, they’ll build a strong case backed up by physical evidence and witness testimony. That way, you’re likely to win some compensation or insurance benefits for your injuries.

What Evidence is Necessary to Prove Your Claim?

Assuming the type of case you have requires you to prove the other party is negligent, you will need to present some evidence. For example, this could happen when determining the fault of a car accident or in a slip and fall case.

However, it might leave you wondering, “what type of evidence do I need to present to prove my case?” Well, there are many options, including:

  • A detailed police report documenting the accident and the cause of the crash.
  • All medical records that detail your injury, including but not limited to hospital visits, needed physical therapy, and specialists.
  • Documentation of how much time you missed at work, along with the records of how much you made that year vs. a typical year.
  • Witness statements, who can confirm when, how, and why your injury occurred.
  • Pictures or video footage of the accident that can help document the cause of the incident and may provide details of your injury.
  • Testimony from a medical professional about the seriousness of your injury and its potential lifetime factors.
  • An incident report filed by a shop, restaurant, organization, or business that documents the incident and why it occurred.

Collecting these pieces of evidence is crucial to not only assessing negligence but proving why compensation is needed. After all, you can say you have sustained an injury that caused you pain and suffering; however, no judge will rule in your favor without proof.

Thus, to win your case, make sure you seek testimony from reliable physicians who understand your injury and how it will impact your daily life. If you can prove how your injury not only impacts you emotionally but financially over time, most judges will award you some type of compensation.

Hire a Lawyer to Help You with a Personal Injury Lawsuit

Hiring a lawyer is not only beneficial to you but to your case as well. After all, experienced lawyers will dive deep into your case and fight to get you the sizable compensation you deserve.

You don’t have to worry about representing yourself at settlement meetings or weeding through complicated law terms to forge a claim. Instead, a lawyer will represent your best interests and help guide you through the process.

If you’re interested in learning more about a personal injury lawsuit, visit our website today. We look forward to helping you!