If you have been injured in an accident, you may wonder if you have grounds to file a personal injury claim. You may find yourself in need of ongoing medical treatment, facing a mounting pile of medical bills, and unable to work and earn an income as you normally would. The last thing you need is financial stress and worry on top of wondering how you will treat your injury and provide for yourself and those you love. A successful personal injury claim can certainly help to relieve that financial stress and help you move forward.
How do you know if you might have grounds to file a personal injury case? You may be able to do so if the following things are true:
- The potential defendant owed you a duty of care: In order to have grounds to file a claim, the potential defendant must have owed you a duty of care. In a car accident claim, for example, all drivers have a duty to other drivers on the roadway to drive reasonably and responsibly. In a product liability case, a manufacturer has a duty to put a reasonably safe product on the market. In a medical malpractice case, a doctor has a duty to care for his or her patients in accordance with reasonable standards of medical care. Establishing a relationship where a duty of care exists is an essential part of any personal injury claim.
- The defendant violated their duty of care: For a personal injury claim to be successful, the person bringing the claim must be able to establish that the defendant acted negligently or recklessly and thus violated their duty of care. Sometimes, after all, accidents simply happen and no one is at fault. If this is the case, there may be no grounds for a personal injury claim.
- You sustained damages as a result of the defendant’s negligence: In order to seek compensation following an accident, you must be able to prove that you have sustained damages as a result of the defendant’s actions. Damages may include things like medical expenses, property damage, lost wages, damages for pain and suffering, and more.
- You did not act in a way that would prevent recovery: Depending on the state that you live in, there may be laws regarding fault that apply to your case and reduce or eliminate the possibility of recovery. One example might be a car accident in which both drivers were equally at fault. Another example is a product liability case where it is established that someone was injured because he or she was using the product incorrectly. In these instances, a personal injury claim may not be likely to succeed. Consulting with an attorney regarding your own personal circumstances will be essential for purposes of determining fault and any likelihood of recovery.
- You’ve filed your claim within the necessary timeframe: Personal injury claims, like many legal matters, must be filed within a certain timeframe. In legal terminology, this is known as a “statute of limitations”. While the timeframe will vary from state to state, you must file your claim before that time limit expires, or you may lose the opportunity to do so
If your situation meets all of these criteria, you may want to strongly consider filing a personal injury claim. If so, the first and most important step you can take is to find a personal injury attorney who knows and understands the law, and who can pursue the best legal strategies on your behalf. At Roden Law, we are here for you, and we’re ready to help.
RODEN LAW – YOUR PERSONAL INJURY LAWYERS
Being injured in an accident that wasn’t your fault can change your life in an instant. You may feel overwhelmed and uncertain about the future, and that’s understandable. The good news is that the talented team of personal injury attorneys at Roden Law is ready to help you find clarity and to forge a path forward toward a better and brighter future. If you’re ready to get started, we’re here for you. Give us a call today. We look forward to speaking with you soon.