No one is immune to accidents. But when they happen, it’s essential to know when to make a personal injury claim. Anyone hurt because of someone else’s potential negligence may be able to receive compensation for damages. However, not every accident warrants a personal injury claim.
Here are four instances when one can consider filing a personal injury claim:
- When One Suffered Serious Injuries
The first and most obvious instance of making a personal injury claim is when the victim has suffered severe injuries. This includes broken bones, lacerations, burns, or any other type of physical injury that requires emergency medical attention and hospitalization.
Not all injuries that require medical attention will heal quickly and thoroughly. Some may cause long-term effects or disabilities that prevent the victim from returning to work or living everyday life. In these cases, the victim may be able to receive compensation for things like;
- Lost wages
- Ongoing medical treatment
- Pain and suffering
- The Accident Was Caused by Negligence
Secondly, the victim must prove that someone else’s negligence caused the accident. This means that the other party did not take the proper precautions to prevent the accident.
For example, if a taxi driver runs a red light and hits another car, they would be negligent. Or, if a property owner fails to shovel their sidewalk and someone slips and falls, they would also be considered negligent.
However, proving potential negligence is not easy. It will require evidence and testimony from eyewitnesses, experts, and victims.
That’s why accident victims need a lawyer to help them build a strong case and get the compensation they deserve. Only an experienced lawyer can prove that the other party was negligent.
- There Was Property Damage
Another instance when to make a personal injury claim is when there is property damage in addition to physical injuries. This could mean that the victim’s car was totaled in a car accident or that their expensive jewelry was broken during a mugging.
Property damage claims are usually less complicated than personal injury claims because the victim only needs to prove the value of their property. They don’t need to prove that someone was negligent.
However, it’s still a good idea to hire a lawyer to help with the claim. A lawyer can ensure that the insurance company doesn’t lowball the victim and that they get the total amount of compensation they deserve.
- The Statute of Limitations Is Met
Lastly, the victim must make sure that they file their personal injury claim before the statute of limitations expires. The statute of limitations is the time the victim has to file a claim.
For example, in most states, the statute of limitations for a car accident is two years. In this case, the victim has two years from the accident to file a personal injury claim.
If the victim doesn’t file a claim before the statute of limitations expires, they will lose their compensation rights.
How to Make a Personal Injury Claim
If an individual has been injured in an accident and believes that they have a personal injury claim, the first step is to contact a lawyer. An experienced attorney can review the case and tell you if they have a valid lawsuit.
The lawyer can help to gather evidence, find witnesses, and build a strong case. They will also negotiate with the insurance company and ensure that victims get the full amount of compensation they deserve.
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