6 key things everyone should know about personal injury claims

Been injured in an accident or want to be prepared just in case? This article explores X key things everyone should know about filing a personal injury claim. 

Dealing with an injury can be a very overwhelming experience. You’re dealing with pain, visits to the doctor, potential lifestyle changes, loss of income, and many others. 

In such scenarios, taking legal action against the person who caused your accident can be at the bottom of your priorities list. Yet, it shouldn’t be this way. Getting compensation after an accident that has resulted in an injury can genuinely make your life easier during these challenging times. 

Getting a better understanding of what a personal injury claim involves and what makes a good claim can help you feel less overwhelmed by the legal implications of asking for compensation. 

So, here are six key things everyone should know about making a personal injury claim: 

1.      There are certain personal injury offenses

For an injury to be considered a valid personal injury claim, it must have resulted from some form of an accident. In other words, there are certain types of personal injury offenses. 

For example, your injury may have resulted from: 

  • A road accident
  • A bike accident
  • Defective product
  • A motorcycle accident
  • A slip and fall incident
  • Dog bite 

However, these are only a few examples of personal injury accidents that you may have been involved in. If the injury occurs in a different type of accident besides those already mentioned, the best way to determine if your claim is eligible is to discuss it with a professional personal injury lawyer to assess your situation. 

Yet, despite the accident that resulted in your injury, keep in mind that a personal injury claim is valid only if someone else’s negligence was involved in it. This takes us to the second thing to know. 

2.      Your case is only valid if someone else’s negligence caused your injury 

As mentioned above, personal injury claims are valid only if the accident, which resulted in an injury, was caused by someone else’s negligence. In other words, if you’ve suffered an injury in an accident that you have caused, for example, you don’t have a valid personal injury case. 

For example, if you were involved in a work accident and got injured, your boss or colleagues may be the negligent party who failed to respect their duty of care. Or, if you underwent a medical procedure and got injured, the medical professional who treated you may be the negligent party. Similarly, an injury that occurred from a traffic accident caused by another driver who didn’t follow the traffic rules is a personal injury case. 

3.      There is a limited time to pursue a case 

Unfortunately, you have limited time to pursue a personal injury case after your accident. There is something called the “statute of limitations,” which represents the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of the incident.  

The accident must not have occurred more than three years ago for a personal injury claim to be valid. In other words, the general time limit to make a personal injury claim is three years. 

So, make sure to make your accident claim before it is too late. Ne sure to file your personal injury claim sooner rather than later. 

4.      You need to prove the other party’s fault 

Another essential thing to know about making a personal injury claim is that you need to have sufficient and relevant evidence that the other party is at fault for your injury. 

Sadly, it is just not enough to know that the other part’s negligence has caused the accident. In court, you need to present strong and relevant proof that the other party is to blame for negligence. 

Now, in court, negligence claims need to prove four things: 

  1. Duty of care (Prove that the defendant had the legal obligation to protect your health and wellbeing).
  2. Breach of duty of care (Prove that the defendant failed their legal duty of care by acting, or failing to act, in a certain way).
  3. Causation (Prove that the other party’s actions or inactions have led to your injury).
  4. Damages (Prove that the injury or harm occurred due to the defendant’s actions or inactions).

So, when making a personal injury claim, make sure that the proof you gather can prove these four things. 

5.      You need to seek medical attention immediately 

If you’ve been involved in an accident and suffered an injury, it is crucial to seek medical attention immediately for two good reasons: your wellbeing and safety and medical records. 

Your health and safety are the most important in this situation. So, you need to immediately see a doctor to assess your medical state and treat your injury. Even if you don’t immediately feel pain, some injuries can only manifest symptoms hours after the accident and can even prove to be life-threatening. 

Secondly, getting medical records for your injury is also an important step to prove your injury and how bad it is in court should you file a personal injury complaint. Medical documents signed by a medical expert who has treated your injury are critical proof in court. 

6.      There are certain mistakes that can break your case 

Sometimes, victims’ actions following an accident can break their case and make it invalid. In other words, how you react after the accident can determine whether or not your personal injury claim is considered valid in court. 

Some common errors that can cancel a personal injury claim include: 

  • Not seeking immediate medical attention.
  • Making certain statements at the scene of the accident.
  • Not keeping physical documents safe.
  • Signing any type of documents like an agreement without understanding them.
  • Waiting more than three years to file the personal injury claims. 

So, make sure that you reach out to a personal injury lawyer for advice on what mistakes to avoid following an accident.