How to Know if Your Personal Injury Claim is Valid

There are many reasons that you might choose to make a personal injury claim.  Perhaps you suffered an accident in the workplace, slipped and fell in the grocery store, or had some kind of trauma from a faulty product.  Or maybe you were the victim of an automobile accident, you came down with an illness due to environmental factors (exposure to asbestos, for example), or your doctor gave you treatment without informed consent.  Although these instances may sound dissimilar, they all have one thing in common: they may have involved negligence on the part of another person that ultimately resulted in your personal injury.  And if you can prove that another individual or entity was to blame for your pain and suffering, then you may just have legal recourse for compensation.  But how do you know if your personal injury claim is valid?

The first thing you need to determine is culpability.  If the accident or injury was the result of your own negligence, then you probably don’t have a case.  Failing to follow safety guidelines, heed warning signs, or observe public laws is a good way to ensure that you have absolutely no claim for compensation should you become injured in the process.  In fact, behaving in this manner could lead to others having a personal injury claim against you!  So in order to avoid getting sued (or getting injured in the first place), you should make your motto “safety first”.  But once you’re injured, it’s a moot point.  The idea is that you need to figure out whether or not you’re at fault for the accident.

Once you have decided that you could not have prevented your injury in any way, it’s time to contact a personal injury lawyer (one who has the necessary knowledge and experience to assess your claim).  Your lawyer will first determine who (if anyone) is to blame.  If it turns out that it was simply an accident, with no one at fault, you won’t have a case.  But if there is clearly another party that bears responsibility for your suffering, then you can move forward with filing suit.  However, there are some criteria you will still have to meet before you can have your day in court.

It’s not enough to know that someone else was at fault (and who that someone is).  You also have the burden of proof to consider.  Remember, we’re all innocent until proven guilty, which means you have to come up with hard data or suitable witnesses to back up your claim.  This means securing testimony from others who were present during the accident (and support your account of the events that transpired), as well as experts willing to assert that others were to blame for your injury (not to mention experts that will testify to the extent of the damage – physical, emotional, or other).

With all your ducks in a row, you can move forward with your valid personal injury claim.  Although few cases ever see the inside of a courtroom, you will likely be able to settle with the offending party for part or all of the medical expenses incurred due to the injury (including ongoing medical costs).  It’s not easy to gain restitution for a personal injury claim, but it can be done with perseverance, a good lawyer, and the knowledge that justice will prevail.

Sarah Danielson writes for Corboy and Demetrio, a personal injury law firm based in Chicago, Illinois.