Injured? How to Determine if You Have a Good Case
Personal injury lawsuits have a bad reputation. After all, many individuals assume that these cases are simply filed frivolously at the slightest provocation. In reality, not every personal injury is worth the time and effort of filing a lawsuit. To determine whether or not you have a case that is worth pursuing, it is wise to take the time to see if it meets a few basic criteria. You should consider the timeliness of the case, the ability to prove the fault of another, and the ability to prove your injury.
Is the Lawsuit Timely?
If you want to file any sort of suit for a personal injury, you have to make sure that the suit was filed in a timely manner. Every state has a different statute of limitations for personal injury cases, and filing outside of this time period is impossible. Cases are also better if they are filed quickly after the injury occurs. If you file close to the event in question, it is easier to get testimony from those that may have seen the incident and to get the various types of paperwork that might have been filed after the incident occurred.
Was Someone Else at Fault?
The best way to tell if you have a good case is to determine whether or not someone else was at fault. Can you show, for example, that the individual could have prevented the accident that he or she caused? Was his or her behavior reckless or negligent? If so, you stand a very good chance of being able to bring a successful action to trial. If you cannot show that your accident was the fault of another, you may have to give up on moving forward with any kind of case.
Can You Prove an Injury?
Perhaps the best way to determine if you have a good personal injury case is the injury itself. You need to prove not only that you were injured, but that the injury sprang from the action at hand. Generally speaking, it is only a good case if the injury actually had a major impact on your life. A sprained finger, for example, will likely not be a reasonable cause of action. If you did have an injury that caused you pain and suffering, you might have a legitimate cause for action.
If you can prove these factors, it is wise to contact an attorney. He or she can help you move forward and get the justice that you deserve. If you cannot, it may not be worth the effort of trying to go to trial.