Not every personal injury claim is worth pursuing. The hard part is knowing which claims are worth it, when you’re unfamiliar with personal injury law. When is a personal injury claim worth pursuing? Here are a few situations when it probably is.
You Know Or Can Prove It Is the Other Person’s Fault
You won’t win if you pursue a case where you yourself are to blame. In the case of drunk driving, you can’t sue them for your car repairs when it was your drunk driving that caused the accident. You’re liable for all of the associated bills. You may have a personal injury case if both sides are equally at fault but your damages far exceed theirs. You may have a personal injury case if there are several parties at fault. That’s fairly common if your car is hit by a truck driven by a professional driver or rear ended by someone pushed forward by someone else hitting their rear bumper.
The Numbers Prove It Is Worth It
Add up the damages you’ve suffered. This includes medical bills, lost wages, and the costs of repairing damaged property. It can include costs you normally wouldn’t have had to pay like renting a car while yours was in the shop or hiring help because you were too hurt to do things yourself. Unless you truly went through something horrific like seeing a loved one die, you’re not going to be able to sue for emotional pain and suffering. Emotional distress damages may include fear, anxiety and sleep loss. You might get that if you’re suffering PTSD after a drunk driving accident or being mauled by a dog, but you shouldn’t expect to get it for lesser cases.
How do you know if the case is worth it? The damages you’ve paid out or are expecting to pay are far higher than the cost of hiring an attorney. Consult with the personal injury experts at Baumgartner law firm for a free case evaluation.
It Isn’t Covered by Insurance
Don’t assume you have to sue when you may be pursuing the wrong insurer. For example, your health insurance provider may be refusing to cover medical costs that are actually owed by your employer’s worker’s compensation insurance policy. You may be encountering problems because you’re filing claims with an auto insurer when a property insurer provide coverage in that case. However, if the other person caused damage and didn’t have insurance, you can sue them. If their insurance company offers a settlement that’s far below the damages you’ve suffered, an attorney can help you get the compensation you deserve. Don’t accept a settlement without consulting with an attorney.
Note that you can sue someone for damages even if they were found guilty of a crime. For example, someone going to prison for drunk driving doesn’t eliminate their obligation to pay for your medical bills or the cost to repair your car.
Many Others Were Injured
A personal injury attorney may be able to help you if there are several injured parties. For example, the company has accidentally made multiple people ill because they didn’t provide adequate personal protective equipment or didn’t prevent certain risks on the worksite. Dangerous drugs can cause many people to be ill, though these cases may range from vomiting and missing a day of work to near-death experiences.