Determining the Validity of Your Personal Injury Case

If you’ve been the victim of an auto or work accident, medical negligence or another event which has caused you pain and suffering, you may be able to file a personal injury case.  However, there are a few parameters that need to be met before filing in order to ensure you secure your chances at retaining proper damages.  Here, you’ll find a summary of the types of cases you may be able to file, as well as the requirements you need to meet before moving forward:

Types of Personal Injury Claims

Personal injuries may result from several causes.  Common types of injury claims include:

• Traffic accidents
• Work accidents
• Illnesses or diseases contracted at work
• Medical or clinical malpractice
• Product injuries (including prescription and over-the-counter drugs)
• Slip and fall injuries in public
• Environmental hazard injuries

Criteria for Personal Injury Claims

The most general requirement for qualifying to file a personal injury claim is that you have suffered at the hands of another party, whether directly or indirectly.  Next, you must report your claim sooner rather than later.  Each state maintains a different set of statutes of limitations, which enable you to file claims for only a specific amount of time after the accident or injury occurs.

Burden of Proof

As the claimant in a personal injury case, the burden of proof lies on your shoulders.  You must be able to prove that your injury occurred as a direct result of another party’s actions or negligence.  Many times, the necessary evidence to prove this fact includes witness statements, medical histories and even pictures of the scene or official accident reports.

One factor you must consider and bring to your attorney’s attention is whether you contributed to the accident or injury in any way.  If it is argued and found that your own ‘contributory negligence’ may have played some part in causing the accident, your potential damages can be reduced drastically.

Expected Damages

Every case is different, and without consulting an attorney it’s difficult to know how much your case may be worth.  Pain and suffering, lost wages, medical and any other expenses resulting from the accident may be able to be retrieved from the defendant or their insurance company.

Consulting an Attorney

As soon as possible, it’s important to consult an attorney who specializes in personal injury cases.  These professionals are trained to recognize valid claims and damages, and will help guide you through your local court system to retrieve the compensation you may be due.