Personal injury situations are really no joke. If you are in an incident either at someone else’s home, on the road, in the workplace or somewhere else you may have limited time and resources with which to get any kind of recompense. So when are the best times to seek out claims in a personal injury matter? Are there times when you should always file a lawsuit? Are there times when a lawsuit is not a good idea? Here’s a guide.
Fault: Who is at fault? Who else saw this incident take place? Was there any kind of police or official report written up about the matter? Was there even anyone else identified in the incident? If you can find no one to blame and you have no real reporting of the incident you could be in a very uphill battle in trying to establish an at-fault party beyond yourself. However if you can point to a person or setting which caused the accident to take place, then you could be in a good spot to file a lawsuit.
Negligence: Personal injury lawsuits really rest on someone else having been negligent and you’re being impacted in a very real and meaningful way. Whether you’re talking about auto accidents, slip and falls at a workplace or public place, medical malpractice, asbestos, mold, or anything else where someone else is to blame for your suffering, these are the best types of claims to be made. But remember it’s very important that you be able to point back to another person or organizations negligence. You also need to be able to show off that this party was the cause.
Labor: Another area where personal injury lawsuits are quite common is with on the job labor lawsuits. Construction workers who are facing dangerous, sometimes career ending or perilous conditions, is one common case. Chemical workers who are exposed to volatile compounds, and other workers who are facing dangerous, faulty, non-working, and unsafe situations and equipment are the perfect candidates for these types of lawsuits. The only thing you need to know as a worker are what are the papers you signed waiving your rights to sue for certain things and what, if any, labor union protection do you have?
Others: Some other types of personal injury lawsuits may come from things like product liability, assault, aviation accident, patent infringement, dog bits, toxic substances, and wrongful death. If you are a surviving individual who’s lost someone recently in what may be a lawsuit case you should speak with a personal injury lawyer before you sign away any of your rights. You don’t want to prolong your suffering but you also don’t want give away your rights.
These are just some of the things you need to assess before you file a lawsuit for personal injury. Of course you should speak to a lawyer if you ever have any questions about your individual situation.