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How Do I Know If I Have a Personal Injury Lawsuit
How Do I Know If I Have a Personal Injury Lawsuit

Law

How Do I Know If I Have a Personal Injury Lawsuit?

A personal injury lawsuit is when you are injured due to the negligence of someone else. Unfortunately, when we face an accident and injure ourselves or damage our property, we often do not consider the possibility.

– You do not know the legal issues, and it is easier to manipulate you.

– The insurance company has told you otherwise to get the case settled with the least compensation.

– You are too emotionally jolted, maybe even dealing with death.

– The opponent who is actually at fault is not taking the responsibility and trying to manipulate the case with a lawyer

So, here is how you know you have a personal injury lawsuit in your hand and have every right to sue an individual or an institution for monetary compensation. If you find yourself tangled in any of the below-mentioned lawsuits, immediately click to hire springfield personal injury attorneys.

Signs You Have A Personal Injury Claim

It is not always apparent that an accident victim has grounds for personal injury claims. In fact, even if the case does have some merit in filing for a personal injury claim.

Most personal injury claims are filed based on negligence. And that too if the following are true.

The Defendant Breached The Duty Of Care

If the defendant breached the duty of care, you have a case. This is a scenario where the defendant had a duty of care and responsibility. For instance, the car on the road has a duty of care to look after the pedestrian. If they hit a person walking on the road, it is the driver’s responsibility.

In that case, the driver will be charged with breaching their duty of care and will be responsible for paying compensation for the damages and injuries they incur.

The Defendant Owed You a Duty Of Care

In order to file a personal injury lawsuit and get compensation for the damages, you need to prove that the defendant owed you a duty of care. And it is because of their negligence they have missed out on giving it to you.

If your friend is a physician and you have asked for their help for your symptoms, you can’t file a medical malpractice case against them. 

This is because there was no established duty of care responsibility.

The Injuries Your Incurred Are The Direct Result Of The Breach

The primary purpose of filing an injury claim is simply to get compensation for the damages. The claimants may be able to recover the damages, which include economic, non-economic, and punitive losses. The compensation is a way to punish the defendant and deter any similar situation that can arise in the future.

That being said, if you do not suffer damages, you would not have any grounds to claim any compensation.

You Haven’t Made Any Mistake

Some of the common mistakes that could cost you the case are given below.

  • Posting anything related to the case on social media.
  • Postponing medical care.
  • Giving your insurance adjuster a recorded statement.
  • Ignoring your doctor’s order.

You must avoid making mistakes at all costs. Only then will you find yourself in a position where you can win the case.

The Incident Occurred Within The Past 4 Years

Now, this is the time limit in which you can file a personal injury lawsuit. For instance, in Florida, the statute of limitations for personal injury lawsuits is four years. Some states have three years, while some have more than that. 

It is important to know what the statute of limitation is in your state. If the statute of limitation is crossed, you will not be able to file a case, even if the defendant is at fault.

File A Lawsuit Today!

If you have legitimate proof that an injury or damage was caused by someone else, and you are a mere innocent victim here, there is no point in waiting. On the other hand, if you are ambushed with damage with no prior conflict and a breach of trust, you have every right to file a lawsuit.

Call a lawyer today, and start helping them to collect evidence.

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