Every day, people find themselves in unfortunate situations where they’re injured due to accidents, often facing physical pain, emotional distress, and financial burdens. But not every one of these events warrants a legal claim.
How do you know when to file a claim and when to move on? We’re going to explore the answer to that question in detail. Let’s dig in!
Evaluating Your Situation for a Claim
Accidents happen all the time – and when injuries are involved, things can get complicated quickly. That’s because the legal system has lots of language protecting people who are injured.
“Individuals who suffer personal injuries are protected by civil laws, which give them the right to file injury claims and pursue personal injury lawsuits if those claims don’t settle to their satisfaction,” Mickey Keenan P.A. explains. “The purpose of the claims and lawsuits is to recover compensation to pay for the damages resulting from the personal injury.”
When you’re hurt because of someone else’s actions – or perhaps their inaction – it’s natural to feel like you deserve compensation. But not every injury results in a valid legal claim. So, how do you figure out if your situation justifies a claim? Here’s what you need to know.
- Understanding Duty of Care. First, let’s talk about duty of care. In simple terms, this means a person or organization has a responsibility to avoid causing harm to others. For example, store owners have a duty to keep their aisles safe and clear of hazards. Similarly, drivers shouldn’t be reckless on the road. An Uber driver has a duty of care not to harm his passengers. An Airbnb host has a duty of care to keep you safe while you’re staying on their property. The list goes on and on.
To have a valid claim, you must first prove that the person who caused your injury had a duty of care toward you. This doesn’t mean they caused you direct harm. However, it does mean that they had a duty of care, and you were injured while that duty of care was in place. Without this element, there’s no foundation for your claim.
- Breach of Duty. Secondly, there must be a breach of this duty. This means the person or entity failed to fulfill their responsibility. Going back to the grocery store example, if the management knew about the puddle and did nothing to clean it up or warn customers, that’s a breach of duty. They might not be able to prevent every spill from creating a puddle, but there are things they can do to quickly address a spill when it occurs. A failure to do this is a breach of duty.
- Causation. You also have to determine causation. This means proving that the breach of duty directly caused your injury. It’s not enough to show that the puddle existed – you must prove that slipping on the puddle caused your back injury. If you had a previous back condition that contributed to your pain, proving causation might be more complicated.
- Damages. Finally, you must have suffered some form of damages because of the incident. Damages can be physical, like a broken bone or a back injury. They can also be emotional or psychological, such as anxiety or stress following the incident. Additionally, financial damages include medical bills, lost wages, and other costs related to your injury.
Assessing Your Claim
With the above criteria in mind, take a moment to assess your situation.
- Did someone owe you a duty of care?
- Was this duty breached?
- Did the breach cause your injury, and did you suffer damages as a result?
If you can answer “yes” to all these questions, you likely have a valid personal injury claim. But if there’s any question about one or more of these, you could have a hard time bringing a valid claim to light.
Above all else, it’s important to consider the strength of your evidence. Do you have photos of the hazard that caused your injury? Can you gather statements from witnesses? Strong evidence will support your claim and help you when dealing with insurance companies or in court.
Taking Next Steps
If you believe you have a valid claim, the next step is to consult with a personal injury attorney. They can provide specific advice tailored to your situation and help you navigate the legal process. Most personal injury attorneys work on a contingency basis, meaning they only get paid if you win your case, so there’s minimal risk to you.
On the other hand, if you find that your situation doesn’t meet these criteria, it might be best to move on. Filing a claim without a valid basis can be time-consuming and expensive. Sometimes, it’s better to focus on healing and recovery instead of pursuing a weak legal claim.
Leave a Reply