In the year 2005, 52% of the personal injury cases reported in the United States of America were associated with motor vehicle accidents, 15% occurred as a result of medical malpractice, and 5% was in relation to product liability. According to these statistics, it’s pretty clear that personal injury lawsuits are some of the most common cases.
How to Know Whether You Can File a Personal Injury Lawsuit
If you want to know whether you qualify to file a personal injury lawsuit, ask yourself the three questions outlined below.
- Did you experience personal injury and not property damages?
- Are there recoverable damages?
- Did your injuries occur due to the negligence or carelessness of another person?
If the answer to these questions is yes, then know you can receive financial compensation for the accident. However, you need to file a personal injury lawsuit. There are various factors that affect the general outcome of this kind of lawsuit. If you really want to make correct decisions, consult reputable professionals such as Johnston Law Firm.
- Did you really suffer a personal injury?
To file a personal injury lawsuit, you must prove that you actually suffered a personal injury. This type of an injury can either be psychological or physical. It might be an injury to your emotions, body, or mind.
If you experience severe depression, insomnia, or anxiety after a car accident, you have actually suffered a personal injury. If you sustained a concussion or broke your leg after an accident, your situation can also be considered as a personal injury case.
- Did the injuries occur because of the carelessness of another person?
For you to have a feasible personal injury claim or lawsuit, your injuries must have occurred because of either negligence or the carelessness of another person. If a person or an entity causes injuries to another person because of his or her carelessness, he or she will be legally liable for the injuries.
For a plaintiff to win a personal injury case, he or she must prove that indeed, the defendant acted carelessly, hence causing an accident. In other words, a plaintiff should have enough evidence for him or her to win a case of this type.
- Are there any recoverable damages?
You can only file a personal injury case if you have suffered financial or personal harms that can be compensated by money. So, what are recoverable damages? This is a common legal term. It refers to the amount of money given to an injured individual as compensation for the injuries and other losses suffered.
If your answer to the aforementioned questions is yes, consider filing a personal injury lawsuit. You should know that filing this kind of lawsuit can have serious financial and legal consequences. You should, therefore, make sure that you have a good understanding of the law and of the legal systems before you file this type of case.