How to Know if You Have a Viable Injury Case
Written by AskTheLawyers.com™ on behalf of Tad Thomas with Thomas Law Offices.
Written by AskTheLawyers.com™ on behalf of Tad Thomas, a Medical Malpractice attorney based in Illinois.
If you have suffered a significant injury and find yourself facing medical bills and lost wages, you might be wondering if you are eligible to file a lawsuit to recover your damages. An injury lawsuit often referred to as a personal injury claim is a method of recovering compensation for expenses and suffering which occurred as the result of another party’s negligence. Depending on the state, an injured person generally has between two and four years from the date of the injury to pursue litigation. To discuss the viability of your injury claim, reach out to a personal injury lawyer for a free consultation.
Signs that you may have a viable personal injury claim may include the following:
- Your injury could have been prevented. If your injury could likely have been prevented by proper attention to basic safety by another party, it is likely that negligence played a part. When negligence by one or more parties causes or contributes to an injury, the negligent party could be held liable in court for the victim’s damages.
- You have access to evidence. For a personal injury claim to be considered viable, there needs to be evidence which an attorney can point to in proving the severity of the injury and how it occurred. Evidence may include pictures from the scene of the injury, pictures of the injury itself, as well as any other picture or documentation which recorded when, how, and what occurred, or what type of damages resulted from the event.
- You sought immediate medical care for the injury. The longer someone waits to seek medical care after sustaining an injury the more of a negative impact doing so can have on their case. This is why it is recommended to seek medical care as soon as possible after any type of accident, as some injuries can take days or even weeks to become symptomatic. Waiting to seek care could result in the other party arguing that you couldn’t have been that hurt to begin with. Seeking medical care also ensures that an official record exists regarding the injury and can be used as evidence in your case.
- Your life has been altered by the injury. If your injury has resulted in the need for significant changes to your lifestyle or mobility, this could imply a certain level of viability to your claim. When an injury is severe enough to result in temporary or lasting changes to a person’s life, it’s important to explore all of your options for present and future recovery.
- You have experienced lost wages due the injury. If you were unable to return to work for a certain amount of time or have yet to be able to return to work in your full capacity, this could indicate a viable personal injury claim. Whenever you experience a significant setback due to an injury, there may be a chance for recovery if someone else was at fault or could have prevented the injury.
All of these signs are merely guideposts to consider if you believe you may be eligible to file a personal injury claim. A personal injury attorney will assess these and other factors regarding your case in the initial consultation to help determine whether or not you have a viable case. If hiring a personal injury lawyer sounds out of the question, it may help to note that these attorneys generally work on a contingency fee basis, which means you pay nothing out of pocket. Personal injury attorneys understand the toll that an injury takes both on the victim and their family, and a good attorney is committed to helping their clients focus on healing and recovery while they do the legwork to collect additional evidence and successfully litigate the case.
To learn more about personal injury claims or to assess the viability of your case, reach out to a personal injury attorney sooner rather than later.