Who and When Someone Can File a Personal Injury Lawsuit
Accidents happen all the time. If you suffered an injury or disability during one such mishap, you have every right to file a personal injury lawsuit against the individual or organization you believe is responsible for that accident.
Why file a personal injury lawsuit?
In most cases, people file personal injury lawsuits to cover the costs of medical treatment and rehabilitation, but others also sue for the income they lost and will lose because of the injury. There are also personal injury lawsuits that take into account the emotional trauma and pain the injury has caused them.
Who can file a personal injury lawsuit?
Any individual who suffers an injury or disability is empowered by personal injury law to seek compensation for what happened to them, especially when the accident occurred due to neglect. Whatever type of injury or disability you’re suffering, personal injury law covers it.
Common types of personal injury cases
As stated earlier, personal injury law covers all types of injury. So far, however, the following are the most common types of personal injury cases or claims:
Road accidents – These include car, motorcycle, truck, public transit, bicycle or pedestrian accidents.
Slip and fall – This usually concerns instances when a person slips or falls on someone else’s property. Wet floors, poor lighting, torn carpeting or other dangerous conditions resulting from the property owner’s neglect are often to blame for such accidents.
Dog Bites – Dog bite cases are common in the United States. You could sue the dog owner if you were bitten on public property or while you were legally on private property.
Factors to consider before filing a personal injury claim or lawsuit
Among the first things you have to consider is the seriousness of your injuries. If the injury is severe enough to cause you much pain physically, psychologically and financially, then you should file a personal injury insurance claim or haul the individual or organization responsible to court. However, if your injuries were very minor, or if you weren’t really hurt at all, you might want to reconsider pursuing a claim or filing a lawsuit. You could be in for a long fight, which would cost you more in all respects than the original “injury” you’re claiming.
You also need to determine the strength of your case. You have to be able to prove that the individual or organization you’re blaming is legally responsible for your injury. Make sure that the liability of the other party is clear with evidence that he/she/it is solely to blame for the accident. Any hint that you share some measure of fault for what happened could hurt your claim or suit.
When to file a personal injury lawsuit
Once you have built a case against the other party, you must file the personal injury lawsuit anytime within your state’s statute of limitations. Depending on the state, the statute of limitations could range from one to six years for personal injury cases. So if your state has pegged the statute of limitations for two years, then you have two years from the day of the mishap to file a personal injury lawsuit. If you file a lawsuit past the expiration of the statute of limitation, it’s highly likely that your lawsuit will be dismissed. The statute of limitations, after all, is a very strict deadline.
If you believe you have a strong personal injury case, you should get in touch with a qualified lawyer the soonest possible time.