Empty Basket

Empty Basket

Helping You Decide Whether You Have Grounds for a Personal Injury Claim

Are you a factory worker, or perhaps a construction worker? Have you been injured in the course of your duties due to negligence or the lack of the implementation of the required health and safety regulations? If so, has your boss complied with all the processes to treat your injury?

If you’ve answered negatively to any of the above questions, it is advisable to consult with a Lexington Personal Injury Attorney to determine whether you have a legal right to submit a personal injury claim.

Personal injury: a succinct definition

Before we look at several pointers to help you determine whether you should consider submitting a personal injury claim, let’s have a brief look at what the legal definition of a personal injury is:

According to Wikipedia.com, a “personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.”

Additionally, the person who brings the suit is the plaintiff or complainant. In other words, it is the person who has been injured. The plaintiff brings the lawsuit against the entity (person or company) who is alleged to have caused the injury.

Do you have grounds for a personal injury claim?

Suffice to say, determining whether you should pursue a personal injury suit is not always straightforward. Therefore, here are several tips to help you decide whether you should approach a personal injury attorney or not.

At this juncture, it is important to note that you can always approach a personal injury lawyer to ask whether you have a valid claim or not. However, it is equally important to prepare a document including a statement of your injury and questions to ask the attorney at your first meeting. This will help both of you draw the correct conclusion as soon as possible.

Accident or negligence

The whole purpose of this litigation is to determine whether your accident was caused as a result of negligence or whether it was a pure accident. If negligence can be proven, then you are on the winning side. However, if negligence cannot be determined, then, unless a settlement is reached before the court ruling, you will lose your claim.

Compensation

The primary aim of a personal injury lawsuit is to claim monetary damages from the other party. This figure is generally calculated based on many factors like the actual medical costs, estimated cost of emotional trauma, and the cost of the loss of income while you are at home recuperating. The estimated costs are sometimes difficult to determine and are subject to arguments between the two adversaries. However, the medical costs can easily be proven because you will have statements and proof of payment slips. The question here that should be asked is whether your current and future expenses are worth claiming for

Recuperation period

How long will it take you to recover both mentally and physically from the incident? Will you be able to return to work or will you need a disability pension for the rest of your life? The answer to these questions will determine whether you should see a personal injury attorney or not.

Final thoughts

This article touches on the “tip of the iceberg” with respect to everything that needs to be taken into account when deciding to pursue an injury claim or not. However, it is a solid starting point. Your personal injury attorney will be able to guide you further.