Just Because You’re Hurt, Doesn’t Mean You Can Sue


In order to recover in a personal injury case, there must be legal grounds to hold the defendant accountable. The most common cause of action in personal injury claims is negligence. Negligence requires a showing that the defendant owed a duty of care to the injured party and failed to live up to that duty.

For example, if the victim was a customer in a store, or maybe the victim was in the bathroom of an office building, the property owner has the duty to maintain a safe premises. You have to make sure the property is free from foreseeable hazards that could cause injury. The victim must also demonstrate through his or her lawyer that the defendant breached this legal duty. For example, the owner may have failed to take proper precautions to ensure a safe environment; like failing to clean slick liquid off a tile floor. The victim must also show that she suffered injuries that were caused by the defendant’s failure to act.

There are other legal theories that may be used, including strict liability or intentional torts. For whatever legal theory that is asserted, the plaintiff has the burden of proof to show that all of the necessary elements in the claim have been substantiated before recovery is possible.


Personal Injury Cases Involve Insurance Companies

Personal injury cases involve insurance companies, including cases that involve automotive accidents, medical malpractice and accidents that occur in businesses or private homes. The insurance company wants to rip you off.  They are invested in protecting the financial interests of the insurance company.  They are uncaring companies and they are not there to help.  Let your attorney help you.


Personal Injury Claims Settle

Most personal injury cases settle outside of court without a judge or jury deciding who wins and who loses.  Instead, the victim’s attorney negotiates a monetary settlement with the insurance company or their lawyers. The victim decides whether or not to accept a proposed settlement amount.


Experience Matters

 Personal injury cases are often complicated in nature. When retaining a personal injury lawyer, victims may interview multiple lawyers to determine who will best represent his or her interests. Personal injury victims often suffer extensive injuries, so it is important that the personal injury lawyer have adequate experience to help pursue the claim and get their client the maximum compensation available. Personal injury victims should ask about the experience that the lawyer has with handling personal injury cases.


Time Could Run Out

Due to a state’s statute of limitations, the victim may have only a limited amount of time to bring forth a personal injury claim. Once the statute of limitations is expired, you cannot pursue your claim.

If you have any questions about a personal injury matter, contact us.  We would be happy to offer a free case evaluation.