The aftermath of a serious personal injury can be a stressful time. Besides the physical and emotional damages, many people also suffer financially, either due to medical bills or lost potential earnings. If you have recently been injured in an accident, you may therefore be considering whether to take legal action. Here are several factors which may help you decide whether to pursue with your personal injury claim.
Negligence
To win your case, the main thing you will need to prove in the event of an accident is that another party was negligent in their behavior. In addition, you will need to link this negligence to the causation of the accident. In legal terms, both organizations and individuals have a “duty of care” to other people, that governs their behavior in specific circumstances. Failure to fulfil this can then result in a party being ruled culpable for injuries resulting from this negligence. There are several examples of this. For organizations, this usually relates to their failure to properly signpost or block off potentially hazardous conditions. For individuals, a common example relates to driving, where individuals have a duty of care to behave in a responsible, safe manner on the road. However, as the JLF firm points out, apportioning blame in a car accident is not always as straightforward as the law suggests.
Repercussions
Another major factor which determines whether you are entitled to compensation is the consequences that arose as a result of your accident. If your claim is successful, this will likely also factor into how much you are awarded for your claim. If you are looking to pursue a legal claim, you will need to demonstrate that you experienced either significant medical or financial harm as a result of the incident. If you required a medical procedure, such as stitches or surgery, following your injury, it is likely you have a strong enough case, if you can also demonstrate negligence. Similarly, if you can produce records of medical bills or time off work due to the injury, you may be able to sue for loss of earnings.
Evidence
As alluded to in the prior paragraph, the success of any claim you make is largely dependent on the evidence you can provide to prove negligence or damages on the part of the party you are suing. To demonstrate negligence, the most effective evidence is images or eyewitness accounts which exhibit the opposing party’s failure to uphold their duty of care. Medical records or accounts corroborating that you missed time from work due to the injuries you sustained can also be valuable evidence.
Your Jurisdiction
Beyond factors determining whether you can win your case, you must also consider the specific laws that apply to where you live, as this can also affect your ability to make a claim. One notable effect this can have on personal injury cases is the statute of limitations in your jurisdiction. This determines the amount of time you have after your accident to take legal action. Given that they are one of the most common forms of personal injury claim, it is also worth checking your area’s laws on injuries arising from car accidents. This is because some areas take a “no fault” approach to car accidents, where you can only be awarded damages through your insurer.
