When Can I Sue for an Injury?
There is no question that injuries happen with the biggest majority being attributed to something common, like aging, genetics or accidents where no one was at fault. However, when you are injured due to someone else’s negligence, carelessness or total disregard for safety, it is possible you can file a claim against them for your injury. There are some factors to consider before deciding to sue for an injury.
The first question to ask before you decide to sue for an injury is whether you have a valid legal claim. There are general types of incidents that the law views as valid legal claims against someone who caused your injury. These include:
- Car accidents when the other driver was negligent or careless
- Slip and fall when premises liability is present
- Medical malpractice when a healthcare provider is negligent or careless
- Defective products
- Assault and battery
- Animal attacks or dog bites
Although you can receive compensation for a workplace injury, most states do not allow lawsuits if you are injured at work. Instead, those injuries are covered under workers’ compensation laws.
Making a Case
In order to make a case against another person for your injury, you need to prove that they acted negligently. This means that they had a duty to keep you safe, that their breach of that duty led to an accident and that you suffered an injury because of that accident.
The burden of proof is placed on you and you must demonstrate “by a preponderance of the evidence” that the other person’s actions led to your injury.
Proving Your Case
In most cases, personal injury claims are settled long before reaching court. However, if the case is not settled and you must present your case to a judge or jury, you will need to establish negligence using evidence. Some of the evidence you may be able to use in court to prove your case include:
- Police report
- Incident report prepared by business
- Eyewitness statements and testimony
- Photos of accident scenes and injuries
- Medical records
- Documentation of missed work
- Expert witness testimony
Deciding whether to sue for an injury can be complicated. If you have been injured, contact Lundy Law today to learn whether your case qualifies for a legal claim. You can arrange for an initial consultation by calling 1-800-Lundy Law or completing the easy form on our website.