Simply being alive creates numerous opportunities for people to be injured. An individual could literally be doing nothing more than enjoying a cup of iced coffee at their favorite restaurant and become injured (ie. falling ceiling tile, server spills hot coffee). Whenever a person is injured due to another’s negligence, they have the right to sue for damages. Sadly, many people never do so simply because they don’t know whether their case is worth pursuing or not. In reality, there are a few simple things that every accident victim could consider before brushing off the chance of filing a claim.
Is there a Difference between Claim Types?
The term “personal injury claim” doesn’t necessarily apply to all injuries in all cases. An injury that happens to a person at work, for instance, would be handled much differently than one that happens in a person’s favorite store. Many workers’ compensation experts point out the futility in making a big deal over certain injuries, such as minor scrapes or burns, that don’t really affect a person’s ability to do anything.
This is often true in cases of personal injury as well. If a person sustains a cut that requires no medical treatment or a bruise that heals within a week, it just seems frivolous to bring forth a personal injury claim. This may seem obvious, but the personal injury realm isn’t always so black and white.
What to Consider for Personal Injury Claims
The simplest thing for a person to look at when deciding whether to file a personal injury claim or not is whether another person’s negligence contributed to a serious injury. It’s not even necessary for this injury to be physical, but it is imperative that a person be able to prove their injury. This is usually done through the testimony of medical practitioners or their notes describing sustained injuries.
If an injury is severe enough to need medical attention, and it was caused through another person’s negligence, then it’s a good idea to consider a personal injury claim. Keep in mind that negligence is simply doing something that a reasonable person wouldn’t do. A reasonable person, for instance, would stop at a red light; if someone fails to do this and causes an accident, then they acted negligently.
What Attorneys Will Look At
There’s no doubt that personal injury attorneys will look at the same things that accident victims should consider before taking on a case, but they’ll also need to have a few other considerations. For some attorneys, for example, one of the most important things they will consider is how difficult it will be to collect damages from the negligent party. If it’s not likely that a negligent person or their insurer will pay up when they lose a case, an attorney may see little incentive for pursuing the claim.
Attorneys will also consider the amount of evidence that’s available to show that a victim is telling the truth. Additionally, they’ll want to know how much it’s going to cost to collect the necessary evidence. In some cases, a legal professional may even let the identity of the negligent party affect whether or not they take on a case. The important thing to recognize is that talking to a personal injury attorney is a great way to gauge how successful a claim will be.
Knowing whether or not to go forward with a personal injury case can mean the difference between wasting months of time or not. It can also, however, mean the difference between getting a substantial and fair settlement or not. These cases undoubtedly sometimes fall into a gray area, and this is why it’s usually beneficial to consult with a personal injury attorney before making any decision. Since even experienced attorneys have a few considerations before taking on a case, there’s no shame in an accident victim asking questions.
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