When you've been harmed by the actions of others, you may have the right to gain monetary compensation. Unfortunately, feeling wronged is not enough reason to file a lawsuit. To help you understand what makes a good personal injury case, read on and ask yourself the following questions.
Are you injured? This question may seem obvious, but without some form of injury, you don't have a case. For personal injury cases, some type of physical injury is necessary and you must be able to show that you have sought medical treatment. For certain other types of cases, such an invasion of privacy, defamation, other non-physical injury cases, you must show emotional, employment, or other trauma as a result of the harm done.
Were they at fault? You should have clear proof that the other party was at least partially responsible or your injury – a direct line from the other party's actions can be drawn to your injuries. A driver that failed to yield to the right-of-way and hit you is at fault. A store that failed to wipe up a wet area where you slipped down may also be at fault. When your own actions contributed to the injury, the compensation will be reduced.
Where's the money? In most cases, car accidents and businesses have insurance that pays the cost when they get sued. Be sure to know ahead of time whether or not any funds are available before you take action.
Have you asked for payment? Once you think you have a case, speak to a personal injury lawyer. They will question you about the incident to determine your chances for successfully pursuing a claim for money damages. Once they have the facts of the case at their disposal, they will send the other side a demand letter. This letter demands a certain sum of money and lists the reasons for the demand. It might include, for example, why the other party is at fault, a list of evidence you can show to prove fault, and a list of your damages. Damages include medical expenses, lost wages, lost personal property, and pain and suffering.
Have you attempted to settle the matter? Filing a lawsuit evokes feelings of power, but most civil cases are settled without going to court. A settlement allows the other side to pay you what you demanded. It's fast and cheaper than going to court. Settlement negotiations, however, are not for amateurs. Your personal injury attorney will know what to do.
When it comes time to file a lawsuit, the decision should be based on the validity of your case. Speak to personal injury services to learn more.Share
24 May 2019
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