It is only sometimes obvious if an injured person has a basis for a personal injury claim. Most personal injury cases are filed because of negligent behavior on the part of another person. In other words, you are entitled to the money because they did something they were not supposed to do.
What are the signs that you might have a strong car accident claim?
1. The defendant owed you a duty of care.
According to www.dwpersonalinjurylaw.com, if you have a physician friend and you question her casually about some symptoms you’ve been having, she will diagnose you but cannot file a medical malpractice lawsuit because she is not your doctor. She can file a personal injury lawsuit if she has a medical degree.
2. The defendant violated his duty of care.
The defendant owes many duties of care to you. This includes performing all pre-existing duties and obligations you agreed to before the accident. If you’ve agreed to do something, the other party likely had an obligation to do it.
Also, contract laws give someone a duty if they know of a risk. A risk is defined as anything that may happen, and they should be aware of it, especially if they’re in a position where they should be informed about it.
3. It is your allegation (you must have a case).
Were you involved in a car accident with someone intoxicated, sleepy, or distracted? You have to allege (in your lawsuit) that the defendant breached some duty for there to be a viable claim. A claim is a cause of action that you are suing for.
4. You can prove your allegation (you have a case).
A plea of not guilty to an insurance company does not mean you cannot claim if you can prove it. It is up to the insurance adjuster or attorney for the insurance company whether they will accept it. If so, you need to prove it and document what happened, including all witnesses and videos, etc.
5. The incident took place within the last four years.
You have to file a personal injury lawsuit in the last four years. If you do not, a statute of limitations will prevent your claim from being heard. There are reasons to file an immediate lawsuit even if the four-year deadline has yet to pass.
6. You have yet to make any errors that will jeopardize your case.
One mistake that can be made is not to claim within the 4-year limit. You must make sure you have evidence in your claim to prove it because if you don’t have that evidence and they deny the claim, then you will have trouble proving it. They will still be able to deny your claim, but you might not have enough evidence to prove this with a jury trial.
A quick review of the elements:
You must have all five elements to bring a successful claim for personal injury damages. The further away you are from the incident, the more challenging it will be to prove your case and document it correctly. However, all claims can be won if you prove that the defendant breached a duty owed to you and your case is solid enough.
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