How Can You Tell if You Have a Personal Injury Claim?
If you’ve suffered an injury due to a traffic accident or because of a slip and fall accident on a slippery surface, you may be able to file a personal injury claim. In personal injury cases, someone who has been injured because of the fault or negligence of another person or organization has the legal right to sue for damages. Personal injury claims can arise in a number of different ways, from traffic accidents, slip and fall injuries, medical malpractice, and product liability, among others. A personal injury lawyer can help you to determine whether to file a claim, and represent you in all legal proceedings.
What is a personal injury case?
A personal injury claim arises when someone is injured due to the actions or negligence of another person. The at-fault party can be another person or an organization, such as a careless driver, a property owner or manager, a doctor or a medical facility, government agency, etc. For example, a drunk or distracted driver who causes an accident may be liable for damages and injuries caused by the accident. The total number of traffic accidents is a staggering 6 million annually. These result in 3 million injuries each year.
According to the U.S. Department of Justice, motor vehicle accidents are the most common cause of personal injury claims. They account for over half, or 52% of such lawsuits. Medical malpractice is the second most frequent cause of personal injury cases, accounting for 15%, and product liability make up 5% of the total.
How to file for damages
If you think you may have a personal injury case, it’s best to get legal advice and help. A lawyer will be able to advise you on the best time to file, the kinds of documentation that will be needed, and the amount of damages that can be claimed. There is a statute of limitations which defines the time period within which claims must be filed. This time period varies from state to state, but is typically three years.
The amount of damages you can claim depends on the nature and extent of injuries and their impact. Damages can cover medical expenses, loss of income, and emotional distress. An experienced personal injury attorney can best advise you on this as well as other matters pertaining to the lawsuit. In some cases, lawyers may advise waiting to file a claim while remaining within the statutory filing period, because complications due to the injuries may become apparent over time. Any additional medical costs can also be added to the claim.
It can be difficult for individuals to handle personal injury cases on their own. An experienced attorney can advise and represent them in all legal matters, to help them receive the most favorable settlement possible under the law.