winter injuries - file a personal injury lawsuit?

How to Determine If You are Eligible for a Personal Injury Claim

14 December 2015 by Franklin Vasquez

Filing a personal injury claim can be helpful to ensuring that your medical expenses are covered after sustaining a serious injury. However, you have to be eligible to file one of these claims and it can be difficult to determine whether or not your claim is worth filing. Here's how to determine whether or not your claim is eligible:

If You Were Injured Due to Someone Else's Negligence:

What makes a personal injury claim is the negligence of another party. The reason you would be filing is to receive medical payment coverage through the other party's insurance. If you were injured on their property, you would be covered through their business or homeowners insurance. If you were injured because they hit you in a car accident, then you would be covered through their car insurance. 

Your Injury Was Recent: 

You won't be able to file for a personal injury claim if you waited to long. Most states will require that you file a personal injury claim within 30 days of the injury. The sooner you file, the more credible your injury is in court and the more likely you are to be rewarded for coverage. Be sure that you meet with a personal injury attorney to determine what the limitations for filing a personal injury claim would be in your state.

Your Claim is Valid: 

In order for your personal injury claim to be valid, it must be clear that another party was at fault. If you were hurt in a car accident that was most likely caused by a tree falling in the road, for example, you probably won't be able to file a claim against someone who was also involved in the incident. Talk to your personal injury attorney to determine whether or not your claim is valid. You can go over the details with your attorney and they can provide their best legal advice with how to proceed. 

Your Injury Must be a True Injury:

When you have been involved in a personal injury, your injury must be legitimate. This means that you must have had medical treatment for the injury. You can't file a personal injury claim if you broke a nail in the incident or ruined your hair. These won't be legitimate cases because there are no medical expenses that will need to be covered for. 

When you know what qualifies you for filing a personal injury claim, you can better understand your rights and in which situations you are eligible for coverage instead of having to pay medical expenses on your own. If you have questions, consider looking into websites of local attorneys, such as http://www.danielgoodmanlaw.com, to learn more.

Share

Search