3 Times You Can File a Personal Injury Lawsuit

By Francis Hernandez

Aug 31, 2020 12:41 PM EDT

3 Times You Can File a Personal Injury Lawsuit(3 Times You Can File a Personal Injury Lawsuit) (Credit: Getty Image)

If you have a personal injury lawsuit and believe you deserve compensation, that's only half the battle. You may be worried if your condition even counts as a personal injury. Likewise, you may be concerned if you have enough substantial evidence to proceed. 

Can you file a personal injury lawsuit? Let's check out the 3 factors that say "yes."

1. Did Someone Else Hurt You?

The most obvious question is whether another person hurt you. You might think this question is obvious, but as a matter of fact, it's a bit more deceiving than it may appear. The legal definition of another person harming you is different than the common definition.

For example, if you slip on a freshly mopped floor that didn't have a "Wet Floor" sign, breaking your leg in the process, you may not think of that as another person hurting you. However, in the eyes of the law, it's likely the business's fault for not warning you of the wet floor.

2. Have You Recently Found Out About the Harm?

The statute of limitations is an important concept that you may want to consider when you're creating a personal injury lawsuit. However, the statute of limitations doesn't necessarily have to do with the exact time of the accident. It may have to do with when you found out about it.

In an automobile accident, for example, the clock almost always starts when the accident occurs. However, if you discover that you have cancer and your doctor explains it's probably because of asbestos exposure, the clock may start at that moment.

3. Did the Harm Result in Serious Damage to You?

Lastly, you need to prove that the harm resulted in some sort of damage. A personal injury case can't exist if you're unable to prove that there's at least some kind of injury inflicted on you.

Typically, this requires medical documentation. Make sure you save any medical documentation possibly related to a personal injury lawsuit on hand. That may include anything from X-ray documents to receipts for over-the-counter medications, depending on the injury.

Filing Your Personal Injury Lawsuit the Right Way

If the answer to these three questions is, "Yes," you might have grounds for a personal injury lawsuit. However, according to the https://www.wmlawyers.com/oakland/, it's rarely that easy. If you want to make sure your personal injury lawsuit doesn't go wrong, it's a good idea to have an expert backing you up. That way, you know you have the maximum chance of winning your lawsuit.

Even if you're not sure about a few of these questions, you may want to talk to a lawyer before you start the process. A lawyer will know the fine details that can keep your case air-tight and can accurately encourage you to fully explore the scope of what compensation you're entitled to. If you want the greatest chance of winning, talk to a lawyer first. 

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