Brooks Law Office
How to Know if You Have a Personal Injury Case
Accidents happen. When you or a loved one has been injured in an accident that was caused by someone else, there are several factors that determine if there are grounds for a personal injury case. If you have a case, it’s possible to recover medical expenses, pain and suffering, lost wages, emotional distress, and other appropriate damages.
Types of Personal Injury Cases
- Car accidents (including bicycle accidents, DUI, trucking accidents, motorcycle accidents, and pedestrian accidents)
- Product liability
- Medical malpractice
- Slip and falls
- Work injuries
- Wrongful death
Of course, the list is more exhaustive. But how do you know when one of the above or other accident types can lead to a personal injury case?
Proving You Have a Personal Injury Case
It all comes down to having proof. You should gather as much information as you can about the accident. This means you should bring police/slip and fall incident reports, eyewitness statements, medical records, records of missed work and lost wages, photographs of the accident scene and your injuries, and any statements by doctors to the initial consultation with your attorney. If you don’t have all of this documentation, your attorney will advise you so you can gather as much information as possible to help determine if there is a case.
If you can file a claim, the filing will happen as soon as possible. Time is of the essence in personal injury cases because of the statute of limitations. When an accident is caused by someone else and you were injured in that accident, having adequate evidence of what occurred is enough to make your claim valid. Filing within the statute of limitations ensures the case can move forward. If the statute of limitations has passed, an injury claim can’t be filed at any time.
Once the claim is filed, it will either be the insurance company of the defendant or the defendant that will be ordered to pay the claim. Who is responsible depends on the type of accident and where it occurred. Your personal injury attorney will advise you on what to expect so you can make informed decisions and navigate the legal process smoothly.