How Do I Know If I Have a Personal Injury Claim?

Have you or a loved one been injured in an accident that was caused by someone else’s negligence? Many people are unsure if their situation qualifies as a personal injury case and if they have grounds to file a claim.

Personal injury law can seem complicated at first. But when you break it down, the basics of these cases involve responsibility and compensation for harm. The keys are 1) proving that another party was legally at fault and 2) documenting the injuries and damages that resulted from their actions (or lack of action).

Here are the main factors attorneys look at when evaluating potential personal injury cases during a free consultation.

What Type of Incident Led to Your Injuries?

Personal injury claims often stem from:

  • Automobile accidents
  • Slip and fall accidents
  • Defective products
  • Medical malpractice
  • Nursing home abuse

The type of incident is the first thing attorneys assess when determining if a viable claim exists. Accidents caused by negligence have the highest likelihood of meeting the criteria for a personal injury lawsuit.

Can You Prove Liability and Fault?

The next critical step is determining legal liability and fault. Who was responsible for causing the accident or incident?

To prove fault in a personal injury case in Ohio, your attorney looks for evidence showing that the other party owed you a duty of care that they breached through negligent behavior, directly causing your injuries and damages.

For example, drivers owe a duty of reasonable care to other motorists and pedestrians on the road. If a distracted driver runs a red light and hits your vehicle, their negligent actions breach the duty of care they owe you as a motorist. Specific laws like traffic regulations help establish fault in auto accident claims.

How Severe Are Your Injuries and Damages?

Even if liability appears clear, the severity of injuries and the extent of damages are also crucial factors. Personal injury claims seek compensation for both economic and non-economic losses stemming from an incident.

This can include:

  • Medical expenses
  • Lost income
  • Loss of future earnings
  • Property damage
  • Pain and suffering

They’ll advise collecting as much documentation as possible related to the impact of your injuries. Medical records, bills, pay stubs, repair estimates, and other paperwork build a case for the compensation amount you are owed.

Have You Met Important Deadlines?

Each state has statutes of limitations dictating deadlines for filing different types of personal injury claims. In Ohio, you typically have two years from the date of injury to file a claim for damages.

It’s imperative to act promptly and avoid missing critical cut-off dates that can jeopardize your right to pursue compensation.

Is a Settlement or Lawsuit Recommended?

Your personal injury lawyer can handle negotiations with insurance companies to try to reach an appropriate settlement and avoid litigation. However, sometimes, filing a lawsuit is necessary to secure full and fair compensation, especially if the defendant disputes liability or refuses a reasonable settlement.

During your free case evaluation, they’ll assess the evidence, chances of success at trial, and estimated costs to provide guidance on the best path forward for maximum compensation.

Get Legal Guidance You Can Trust

If you’ve been harmed in an accident, don’t delay in exploring your legal options. Statutes of limitations put tight deadlines on taking action, so it’s critical to contact a personal injury attorney right away for a free, no-obligation case evaluation.

The attorneys at The Jones Firm in Ohio are committed to guiding injured victims through the claims process. They’ll evaluate your situation, gather evidence, establish liability, negotiate aggressively on your behalf, and take your case to trial if needed to recover the maximum compensation you deserve.

Don’t go it alone against insurance companies – their goal is to pay as little as possible. With an acclaimed attorney by your side, the odds of a favorable outcome increase dramatically. Contact The Jones Firm today for a free consultation.