Various accidents may inflict injuries. These include car crashes, slip and fall, and construction accidents, among others. In some cases, it may even be due to the negligence of the liable party.
When this happens, victims have the right to seek compensation for all the injuries and damages they are suffering from. But some may wonder if a personal injury lawsuit is necessary and whether it is possible.
What is Necessary
The first thing the injured party needs to do is to determine the party liable for the damages. This step can be more complicated than one may think. There are instances when multiple parties share liability.
But generally, a party is considered liable for a personal injury accident if they have the duty of care towards the claimant. For instance, in a slip and fall accident, the liable party is the property owner.
The second factor to consider is to show that the liable party acted negligently, which led to the violation of the said duty of care. Negligence refers to the failure to act or to act incorrectly, which led to harming the plaintiff. There are many situations that caused harm to people. However, they do not always involve negligence on the part of the liable parties. Sometimes, accidents happen due to errors, malfunctions, or unforeseeable events beyond the power of the liable party. In such a case, the plaintiff does not have a case.
Taking legal action for a personal injury case also depend on the damages. That does not mean that you have to suffer from severe injuries to file a lawsuit. It just means that the injuries lead to damages. For instance, a broken leg requires medical treatment. Recuperation time is also necessary. While this may seem like a minor injury, it can lead to more severe damages. The victim may have to stop working. Thus, there will be lost wages and job opportunities. In some cases, it may cause the end of the plaintiff’s career.
When Not to File
As stated earlier, filing a lawsuit is not a wise choice if there is no act of negligence on the part of the liable party.
Aside from this, the plaintiff needs to consider various factors. A personal injury lawsuit can be used as a tool to seek compensation. However, it can take time. Money may also be necessary to pursue a lawsuit. So, it is crucial to determine if the value of the damages is worth the undertaking of a lawsuit.
Talk to a Personal Injury Lawyer
The best way to determine whether filing a lawsuit is the right thing to do is to discuss your case with a personal injury lawyer. An attorney can provide you with insight on what course of action you can take after a personal injury accident. They can also give you legal advice on the best way to seek compensation.
An experienced personal injury attorney can help determine the liable parties and the value of the damages incurred due to the accident. Additionally, having an experienced and skilled lawyer can help you settle the case out of court. This way, you get fair compensation without going through a trial..