Critical Things to Note About Personal Injury Cases

Critical Things to Note About Personal Injury Cases

What seemed like a perfect day can quickly become a chaotic and painful one to remember. You could be heading to work, school, or home from errands when you suddenly bump into a reckless driver and end up in a crash. Or, you may be walking around your neighborhood when an aggressive dog jumps on you, leaving you with cuts and deep scarring.

These are just a few typical scenarios that could qualify as personal injury cases. And in such cases, you may be eligible to file a claim and seek compensation.

However, you must be well-equipped with facts to save you from the intricate legal procedures of filing a personal injury claim. Here are some important things to note about personal injury cases.

You Must Observe the Specified Statute of Limitations For Filing Claims

In personal injury cases, you must file your claim within a specified time frame. This period may differ from one state to another and may also be affected by factors such as the type of injury. Most states have a one-year limit, while others have two years until your time is up.

”Failure to abide by the statute of limitation could cause forfeiture of the right to file a claim. It is imperative to understand all the applicable laws of your state and act within the specified period,” warns personal injury attorney Jan Dils of Jan Dils, Attorneys at Law.

You Must Prove That Someone’s Negligence Caused Your Injury

The success of your case primarily depends on your ability to prove negligence. You must show the at-fault party breached the duty of care.

For instance, suppose you slipped and fell in a store due to a spilled liquid or wet floor. In that case, you should prove that the store owner did not put up a sign to warn customers of the slippery condition or take reasonable measures to clean it up.

Similarly, if you suffered a car accident, you must have evidence that the at-fault party was not observing the traffic rules.

You can prove negligence with photos, eyewitness or expert testimonies, medical records, and police reports.

You May Incur Different Types of Damages

When most people think of personal injury compensation, they tend to think of medical bills and property repair or replacement costs. These damages are known as economic damages because they have an exact monetary value.

However, you may also get non-economic damages, such as emotional distress and loss of companionship, depending on the severity of your case. Also, in some states, you may be eligible for punitive damages. These damages punish the offender, primarily if the negligent party acted with malice or gross negligence.

Whichever the type of damage is, you must prove causation, meaning that you must demonstrate the injuries incurred are not from a previous incident.

You can prove damage with medical reports showing the extent of your injury and how they directly result from your recent accident. For non-economic damage, you may use a journal to track any changes in your lifestyle and how the injury has affected your mental well-being.

Take Away

Above are some critical aspects that can determine the outcome of your personal injury case. Understanding these key areas will give you a better chance of recovering your damages. Working with a reliable lawyer can help you navigate the legal system.