Accident Law

How Do I Know If I Have A Personal Injury Claim?

Personal injury cases are quite common. And in most of these cases, the fault is obvious, which makes a claim also obvious. However, in some instances, when someone gets injured, they are not too sure.

Hiring a good personal injury attorney can help you escape your dilemma. An attorney can review your case and help determine if you have a strong negligence claim to charge the opposing party. Review your chosen attorney’s official website and check the testimonials to assess their credibility.

We will look at five signs that ensure you have a strong personal injury claim. Understanding these signs will help you pursue a claim and seek adequate financial recovery from the at-fault party.

Types Of Personal Injury Compensation In Injury Cases - Florin|Roebig

1. The offender owed you a duty of care

A duty of care can be owed in many different contexts. For instance, we all owe each other a duty of care while crossing and sharing public byways and streets. For this reason, everyone is obligated to follow traffic laws. Doctors have a duty of care towards their patients. Additionally, employers have a reasonable duty of care towards their employees, ensuring they are kept from all hazardous substances and conditions.

2. The offender breached the duty of care

If it is established that the offender breached the duty of care, they can be charged based on negligence. Ask yourself if you were involved in a car accident due to someone drunk or distracted. Did you injure yourself by slipping on a spill that the staff at the grocery store failed to clean up? Did you get hurt due to some medical malpractice by your doctor? All these scenarios could be deemed as a breach of duty of care.

3. You suffered damages as a direct result of the breach

The main purpose of filing a personal injury claim is to seek the necessary compensation for all the damages suffered by the claimant. These may include economic and non-economic damages as well as punitive damages. The purpose of payment is to reduce the financial burden of treatment required by the claimant, punish the offender, and deter similar misconduct. But if you did not suffer any damages or sustained any injuries, you would not have any grounds to file a personal injury claim.

4. You are within the statute of limitations

A statute of limitations is a legislative enactment suggesting the period within which a person is eligible to file a personal injury lawsuit. For instance, the standard for statute of limitations in Florida is four years. Failure to take action within four years of injury will make your case null and void.

5. You haven’t made any mistakes to harm your case

People often don’t take the necessary steps after being injured in an accident. And this hurts their case and significantly reduces their chances of getting the rightful compensation. Some of these common mistakes that people make are:

  • Postponing medical care
  • Disregarding their doctor’s advice
  • Giving a recorded statement to the insurance adjuster
  • Posting about the accident on their social media

Hire a Personal Injury Attorney

It is best to consult the services of a reputed personal injury attorney. They will help you build a strong case and provide the aggressive representation that accident victims and their families deserve.

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