When Should You Sue for a Personal Injury?

personal injury attorney Dan - February 11, 2019

  Fort Wayne Personal Injury Attorneys

Accidents happen and, as a result, people suffer injuries every day across the states. However, if this has happened to you as a result of someone else’s negligence, you may want to file a personal injury claim against that person or their insurance company. If your injury stems from the actions of someone else, you deserve the chance to recover compensation for your medical expenses, ongoing treatment, pain and suffering and other damages. It’s important to know when you should sue for a personal injury.

Do You Have a Legal Claim?

Of course, the first thing you want to do is ensure that you have a legal claim to file for a personal injury. The purpose of personal injury claims is to allow you, the injured party, to recover compensation for that injury. Damages you can collect include your medical expenses, lost wages, pain and suffering and emotional distress. Additionally, if your injury stems from a car accident and your vehicle was damaged, you can also recover compensation for repairing your car.

In addition to car accidents, there are other situations that allow you to sue for personal injury. They include medical malpractice cases, slip and fall accidents, injuries resulting from defective products, assault and battery, workplace accidents and dog bites.

What is Necessary to Make a Case?

There are two ways you can make a personal injury claim; you can do so either through the other person’s insurance company or sue them directly. You must prove that the other person was negligent and that their negligence directly led to your injury. Additionally, you have to prove that the injury caused you to suffer damages. The burden of proof is on you to make your case and prove that the defendant is liable.

What Evidence is Needed to Prove a Claim?

There are many things that can be used as evidence in a personal injury claim. The following can be used as proof:

  1. A police report that includes the details of a car accident
  2. An incident report made by a place of business where a slip and fall took place
  3. Witness statements that prove what happened when the accident occurred and how you sustained your injury
  4. Photos from the scene of the accident
  5. Medical records of your injury from doctors, hospital visits, emergency services, physical therapists and more
  6. Documentation of any time you have missed at work and records proving your normal income to support a claim for lost wages
  7. Testimony from medical experts about your injury and what caused it

Of course, the best way to know for sure when you should file a personal injury claim is to speak with an experienced personal injury attorney. Contact Blackburn & Green to discuss your options. You will be able to meet with a skilled lawyer who can advise you about the best course of action to take in your case.

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