Personal injury lawsuits span a wide variety of plaintiffs/defendants, injuries, and damages. Just finding out whether or not you have a viable personal injury claim can be a daunting task. Lloyd & Lloyd has worked to help victims of car/truck accidents, nursing home injuries, medical malpractice, and more. If you believe you might have a valid personal injury claim, make sure you can answer these questions.
1. Was your injury caused by the fault/negligence of others?
A personal injury claim requires a party at fault. Generally, personal injuries are not the cause of intentional malice, but rather negligence. So what is negligence and how do you prove it? Negligence occurs when a party fails in their duty to act carefully, outside of ordinary and reasonable care given the situation. In order for your personal injury claim to be viable, you must be able to prove that the party at fault behaved negligently, and as a result of that negligence, you sustained the injury.
2. Who is at fault?
Personal injury claims can be filed against individuals, companies, and even government entities. Determining who specifically is at fault for a personal injury can be a tricky process. Depending on the parties involved, there are specific time limits governing how long you have to file a claim or inform the defendant. Understanding who is at fault is a top priority when working through a personal injury case so that your case is still legally viable by the time the claim is filed.
3. What are your damages?
One of the top reasons to file a lawsuit is to be compensated for your damages. This is typically the first question asked when reviewing personal injury cases. Many people are unaware of the types of damages that result from personal injury. Damages can be tied to a loss of money through medical treatments, loss of income and property loss. Damages can also occur in other manners such as pain and suffering, emotional distress, loss of enjoyment, and loss of consortium.
If you are able to provide answers to these basic questions, you might have a personal injury case. However, there are still plenty of other questions to ask. There are limits on how long you can wait before filing a personal injury claim, informing the defendant, and more. Let Lloyd & Lloyd work with you to answer these questions. Fill out our Case Review Form or call at 918-417-6580 to discuss your personal injury claim today.