Personal Injury: How to Determine Whether You Have a Case

Personal Injury Law

Losing wages and accruing medical because of an injury can be highly stressful, especially when you are struggling to afford the costs. If you don’t think the accident was your fault, you may naturally then be wondering whether you are entitled to compensation to cover the costs associated with your injury. 

While the legal process can be intimidating, it can actually be surprisingly simple to determine whether the case is worth pursuing. Here are a few criteria to help you determine whether your injury entitles you to legal compensation.


Was there Clear Negligence?


Ultimately, whether or not you have a personal injury claim will likely hinge on whether you can prove that a party other than yourself was partially or fully responsible for your injury. In the legal world, there is a concept known as duty of care, which refers to situations where one party is responsible for the safety of another. Failure to uphold this can therefore result in liability.


Sometimes, negligence can be clear and obvious. If you were injured due to faulty equipment being provided at work, for example, or if you were injured by a drunk driver, you are likely to have a strong claim. However, fault can often be a lot more nebulous and difficult to prove. In such cases, you may want to consult with a lawyer, to determine whether fault can be proven. Legal firms also have the benefit of having many specialists on different types of injury. For instance, if you have been injured by a large vehicle, you may want to contact a semi-truck accident lawyer.


Can You Prove Damages as a Result of the Accident? 


The strength of your claim will also likely depend on whether you can produce evidence that you experienced material losses because of the injury. In practice, this is normally lost wages due to missed time from work, or medical bills incurred as a result of the injury. This will also dictate how much compensation you will be awarded, if your claim is successful. In view of this, it is vital you maintain any record of these things, as this will make your chances of success much higher.


Did You Jeopardise Your Claim? 


Another key component to the success of your claim is that you didn’t do anything to damage the legitimacy of your legal argument. As an example, if you didn’t follow company health and safety procedures when getting injured at work, it will be much harder for you or your lawyer to argue that it was negligence on the part of the company that caused your accident. Similarly, admitting fault after the accident will also make it more difficult for you to later claim that it was another party’s negligence that was the issue.


Was the Accident Recent? 


Finally, you should also consider your region’s statute of limitations laws before pursuing your legal claim any further. Typically, states and countries have a time limit of several years from the accident, after which you will no longer be able to take legal action. It is also good practice to claim as quickly as possible because it will make it easier to gather evidence relevant to your case.