While personal injury lawsuits are relatively common, there is also a lot of confusion surrounding personal injury suits. A lot of people don’t know when to file a lawsuit or if they have a claim. If you suffered an injury and you believe that it was because of someone else, then you may be entitled to compensation.
Here are some questions to ask before you decide to file a civil lawsuit.
Was Your Injury Due to Someone Else’s Negligence?
Negligence is usually the foundation for a personal injury lawsuit. When you sue someone, you are suing them for a breach of their obligation. On the road, for instance, other drivers must protect people through safe driving habits. If a person drives recklessly and is in an accident with you, then the driver breached his or her duty to you. To file a lawsuit, the person has to have some kind of obligation to you and has to have caused the injury. You cannot sue for injuries that you had before the accident.
Were There Damages?
To sue for personal injury, there has to be damages. You cannot file a lawsuit based on fear or just because another person was reckless. Damages can include the following:
- Medical bills
- Lost wages
- Property damage
Any monetary loss is a damage. The damages should also be substantial. To take a personal injury lawsuit to court can be expensive. While you won’t have to pay anything until you receive the settlement, you want to make sure that the cost is worth it.
Did the Accident Happen Recently?
There is a statute of limitations for filing a personal injury lawsuit. In most states, the statute of limitations ranges from one to six years. In addition to the statute of limitations, you may want to file your lawsuit as soon as possible because the evidence will be fresh. You may still be able to obtain witness testimony, police reports and the medical treatments will be recent. It is easier to win a case when you act quickly.
If you suffered an injury due to someone else’s negligence, then you may be owed compensation. When you decide to file a lawsuit, you should do so as soon as possible. The sooner you file a claim, the more likely you are to have success.