If you’ve been injured in an accident that wasn’t your fault, you might be wondering if you have grounds for a personal injury lawsuit. The answer isn’t always cut and dry, but there are a few things you can look for to see if you might have a case. The first thing you need to consider is whether the accident was caused by someone else’s negligence. If the answer is yes, then you might have a case.
In this article, we will explore some of the most important considerations when filing this type of lawsuit. We will also provide tips on how to determine whether you have a valid case.
Determining Whether You Qualify for A Personal Injury Lawsuit
To determine negligence, you will need to look at whether the other party had a duty to care for you and if they breached that duty. In order to prove that the other party was at fault, you will need to show that they acted negligently. Negligence is defined as the failure to exercise a reasonable level of care. For example, if you were hit by a car while walking across the street, the driver of the car would have a duty to yield to you. If they did not, and you were injured, then they would be considered negligent.
Another thing you need to consider is the severity of your injuries. If your injuries are minor, it is unlikely that you will be able to recover damages through a lawsuit. This is because the courts typically award damages based on the extent of the victim’s injuries.
Typically, there are several types of incidents that may result in valid personal injury lawsuits. If you have been involved in any of the following, you may file such a claim that fall into the category of auto accidents, slip and fall accidents, defective product injuries, or even medical malpractice – just to mention a few.
The Statute of Limitations
Another important factor to consider when determining if you qualify for a personal injury lawsuit is the statute of limitations. The statute of limitations for cases is the specific timeframe you have to file a lawsuit after you have been injured. In most states, the statute of limitations for personal injury lawsuits is two years. This means that if you were injured more than two years ago, it is unlikely that you will be able to file a lawsuit.
Every state has its own set of laws governing these types of lawsuits. Therefore, it is important to research the laws in your state before taking legal action. A Boca Raton personal injury lawyer at Kogan & DiSalvo will be able to advise you on the specific laws in Florida and whether you have a valid case.
If you’ve been injured and are considering filing a personal injury lawsuit, make sure to consider all the factors discussed above. Did someone else’s negligence or recklessness cause your injury? Are you still incurring medical bills or missing out on wages because of your injury? Of course, it’s always best to consult with an experienced personal injury attorney to get the definitive answer. By doing so, you can ensure that you have a valid case and increase your chances of recovering damages.