Simply being the victim of an accident does not necessarily mean that you have a valid case to take to court. Different circumstances surrounding the event should be considered to help you determine if you have a case strong enough to obtain compensation for damages. Due to their experience, specialized personal injury attorneys are the best-suited professionals to guide you through the requirements that your situation must meet to move forward.
Most personal injury cases are based on the negligent behavior of a third party and require proving that it was precisely this negligence that caused the incident in which you were harmed.
Here are some things to consider if you have been in an accident and believe you may have a case:
- The accused party was consciously negligent. They should have acted with a duty of care for both himself/herself and others but did not. As an example of this, we can mention a driver who drank alcoholic beverages or other substances before getting behind the wheel or a driver who failed to obey traffic signs. The failure to comply with this duty of care resulted in you or a loved one being injured, for example, a broken arm or leg, neck, and back injuries, among others.
- The resulting injuries will require temporary or permanent medical treatment. The victim will be financially affected by having to cover different expenses such as rehabilitation, loss of present and future wages, etc. Even pain and suffering, emotional stress, and trauma resulting from the accident can be considered when determining the amount of compensation for damages.
- The accident and the claim are within the statute of limitations period established by the state or city where the accident took place. The statute of limitations refers to the period of time that a person has to file a legal process, starting from the date the accident occurred.
Consult a specialized attorney to discuss your case and your specific circumstances. At SM Law, we are experienced and relentless. Call us today!