How to Know If You Qualify for a Personal Injury Lawsuit Claim. A checklist of what may expedite monetary compensation for personal loss.
Not every injury will turn into a lawsuit, but many people walk away from valid claims because they don’t think it’s worth pursuing. While only an experienced attorney can tell you if your situation meets the criteria for a personal injury claim, consider the following signs to see if you might have a case.
- Someone else was clearly negligent
Negligence is the foundation of every personal injury claim. When someone else failed to act with reasonable care and caused harm, that’s negligence. For example, if someone ignored the law or established safety protocols – like a driver running a red light or a business ignoring a hazard – that’s a strong case for negligence.
Careless and reckless behavior are also considered negligence, even when no laws have been technically broken. Sometimes all it takes is a careless decision, like driving distracted or employees who fail to clean up a liquid spill in a store. If your injury can be traced back to someone else’s failure to act responsibly, that’s a big sign you might have a valid injury claim.
- You suffered measurable damages
Being hurt isn’t enough for a lawsuit. You need to prove damages in the form of quantifiable losses. This can include medical bills, lost income, and sometimes pain and suffering. However, medical bills typically make up the foundation of every personal injury claim.
If you’ve lost work because of your injury, that can strengthen your case. Courts consider lost income a direct financial consequence of an injury. In some cases, people are awarded financial compensation for non-monetary damages, like chronic pain, anxiety, and a reduced quality of life.
- You have strong evidence to support your claim
Regardless of what happened, you need proof. The stronger your evidence, the stronger your claim. Evidence in the form of photos, videos, and witness statements helps people recover more compensation for their injuries. Visual proof is powerful and can clearly demonstrate the severity of the situation, while witness accounts boost credibility. The most important piece of evidence will be a police or incident report, along with medical records that support your claim. Without evidence, even a valid claim can be dismissed. Evidence makes a case much harder to dispute.
- You can prove your injury was directly caused by the incident
Proving causation is critical in a personal injury claim. You need to prove that your injury was directly caused by the incident you’re suing for. That’s why it’s critical to seek medical attention right away to establish cause and effect. Even if you have delayed symptoms, seeking medical attention immediately still sets the foundation for a strong claim.
- You were treated quickly
All personal injury cases rely on medical documentation, but the longer you wait to get treated, the less believable your case becomes. Timing is everything, and seeing a doctor promptly can strengthen your case. Injuries that aren’t serious enough to require medical treatment rarely qualify for compensation.
In addition to getting treatment, it’s important to follow through with additional appointments and tests to show that your injury is legitimate. For example, if your doctor sends you to physical therapy for the next three months don’t skip any sessions or you’ll appear to be uninjured. Whether you’re negotiating a claim with insurance or filing a lawsuit, insurance companies question treatment delays and will use it against you to diminish your compensation.
- The insurance company is pushing back
Resistance from an insurance company can be a sign that your claim is valid. These companies exist for profit and want to minimize payouts as much as possible. If you’re getting lowball offers that don’t make sense or if they’re dragging out the whole process, the insurance company might be trying to get you to take a small payout and go away. That’s a strong sign that it’s time to talk to a lawyer to see if you should continue negotiating or if it’s time to file a lawsuit.
- You’re within the statute of limitations
Even a perfectly valid case can be lost if you wait too long. Every state has a statute of limitations that limits how long you have to file a claim. Most states set that deadline between 1 and 3 years for personal injury claims. If a lawyer says you have strong evidence and the deadline hasn’t passed, there’s a good chance you might have a valid claim.
Don’t guess – talk to a personal injury lawyer
If your situation checks some or all of these boxes, you might have a legitimate personal injury claim. If so, talk to a lawyer right away to find out if you should pursue compensation.
