Just being alive creates numerous opportunities for people to get hurt. A person could literally do nothing more than enjoy a cup of iced coffee at their favorite restaurant and injure themselves (eg, ceiling panel falls off, waiter spills hot coffee). Any time a person is injured due to the negligence of another, he has the right to sue for damages. Unfortunately, many people never do so simply because they don’t know if their case is worth pursuing or not. In reality, there are a few simple things that every accident victim should consider before ruling out filing a claim.
Is there a difference between the types of claims?
The term “personal injury claim” does not necessarily apply to all injuries in all cases. An injury that happens to a person at work, for example, would be handled much differently than one that happens at a person’s favorite store. Many workers’ compensation experts point out the futility of making a big deal about certain injuries, such as minor scrapes or burns, that don’t really affect a person’s ability to do anything.
This is also often true in personal injury cases. If a person sustains a cut that does not require medical treatment or a bruise that heals within a week, it seems frivolous to file a personal injury lawsuit. This may seem obvious, but the field of personal injury is not always so black and white.
What to Consider for Personal Injury Claims
The simplest thing for a person to consider when deciding whether or not to file a personal injury claim is whether someone else’s negligence contributed to a serious injury. It is not even necessary for this injury to be physical, but it is imperative that a person can prove their injury. This is usually done through the doctors’ testimony or their notes describing the injuries sustained.
If an injury is serious enough to need medical attention and was caused by someone else’s negligence, then it is a good idea to consider a personal injury claim. Keep in mind that negligence is simply doing something that a reasonable person would not do. A reasonable person, for example, would stop at a red light; If someone doesn’t do this and causes an accident, then they were negligent.
What the lawyers will look at
There is no doubt that personal injury lawyers will consider the same things that accident victims should consider before accepting a case, but they will also need to have some other considerations. For some lawyers, for example, one of the most important things they will consider is how difficult it will be to collect damages from the negligent party. If a negligent person or their insurer is not likely to pay when they lose a case, a lawyer may see little incentive to pursue the claim.
Lawyers will also consider the amount of evidence available to show that the victim is telling the truth. In addition, they will want to know how much it will cost to collect the necessary evidence. In some cases, a legal professional may even let the identity of the negligent party affect whether or not they accept a case. The important thing to recognize is that speaking with a personal injury attorney is a great way to gauge how successful a lawsuit will be.
Knowing whether or not to go forward with a personal injury case can mean the difference between losing months of time or not. However, it can also mean the difference between getting a substantial and fair settlement or not. To be sure, these cases sometimes fall into a gray area, which is why it is generally beneficial to consult with a personal injury attorney before making a decision. Since even experienced attorneys have some considerations before taking on a case, there is no shame in an accident victim asking questions.