If you’ve recently suffered an injury or an accident, you may wonder whether the opposite party can be held liable for your losses, and you may be eligible for monetary compensation. As a personal injury lawyer from a firm like Jeff Murphy Law can explain, here are three indications that you may have a strong personal injury claim.
1. The Defendant was Negligent, Careless, or Owed You a Duty of Care
In negligence cases, it is a rule that everyone must take what is called “reasonable care” to avoid injury to others. Negligence can include an automobile accident involving a drunken or reckless driver, or a person behaving carelessly in a crowd and causing injury to nearby people. A duty of care is the responsibility that individuals have to take reasonable care to prevent foreseeable harm to others. Medical malpractice, a landlord refusing to maintain the property to the point that it causes harm, or an injury in the workplace due to a failure to adhere to safety standards can all fall under the category of breached duty of care. A personal injury lawyer can help you to determine whether the defendant was negligent or breached a duty of care.
2. You Suffered Damages Due to the Defendant
If your troubles were not a direct result of the defendant’s negligence or breached duty, then you have no case. You cannot file a personal injury claim if you wake up with the flu a few days after you get in a car accident. To have a strong claim, you must prove the proximate cause and harm. In other words, you must be able to prove that you suffered a personal injury, damage, or loss that was directly related to or due to the defendant’s negligence or breach of duty. If you can provide sufficient proof, then you might have a strong case and may be entitled to compensatory damages, punitive damages, or both.
3. The Accident Occurred Within the Past Few Years
If you wait ten years after the fact to file a personal injury claim, chances are you won’t have much of a case. The statute of limitations on a personal injury case varies from state to state, but it generally ranges from one to four years. You must take legal action within this timeframe, or else run the risk of your case being dismissed. A personal injury lawyer can help you understand the statute of limitations in your area.
If you’ve been injured or suffered losses due to another person’s negligence, you have every right to want to be compensated. Get in touch with a personal injury lawyer today to find out whether you have a strong claim.