If you have suffered an injury from any kind of accident, you may be wondering whether or not you are able to pursue a lawsuit at this point. Many times, there is a hazy line that makes it difficult to determine if you have a viable case. For example, do you have a case if you slip and fall while on public grounds? Here are some ways to help you determine when your accident can classify as a personal injury for a lawsuit:
There Was Negligence Involved:
First off, a personal injury case involves a negligent party. This means that the accident was not your fault or, at least, partially not your fault. Most likely, the case will involve a car accident, work-related accident, slip and fall accident, or even medical malpractice. Essentially, you will need to be able to prove that another party was responsible. This doesn't mean that they had to have been intentionally responsible either, but simply negligent.
Talk With a Lawyer:
Once it's been established that there was negligence involved, you definitely want to talk with a personal injury lawyer, especially if the negligence isn't exactly clear. For example, if you are involved in a slip and fall accident, it can be difficult to prove who was at fault. The other party could claim that they had wet floor signs out or they could simply say it was your fault for not paying attention. Either way, it's a difficult case that you will want a lawyer to help you with.
Next, you need to be aware of what the laws are like in your state. For example, some states will say that if you are partially at fault for the accident, you will not receive compensation, while others will still provide compensation if there is enough proof that you are only partially at fault, but the amount will be reduced. If the state rewards no compensation if you are found to be partially at fault, then the case may not be worth pursuing. Talk with a lawyer about this first, though.
There are Deadlines:
Finally, you must know that there are deadlines for filing a claim. You should file as soon as possible for this reason. Otherwise, your case may not be eligible because you filed too late.
All of these things ensure that your personal injury classifies as one in which you can pursue a lawsuit against the responsible party. Without these things, you may not have a case.