“I was rear-ended but my insurance company says I am not covered because it’s not car-accident related.”
“My friend is being sued by that guy he hit on his bike, even though they are the same age and part of the same group. Is that allowed?”
“My dog jumped off a chair and injured me, can I sue him?”
Every day more questions come up about lawsuits, especially when many people are faced with them for the first time. Here are some facts about what you can do if you want to sue somebody over an incident or accident.
What is negligence?
First of all, what is negligence? We all know it when we see it but in legal terms “negligence occurs where one person fails to take reasonable care for the safety of others on a particular occasion and as a result causes loss or damage to someone else.” In other words, negligence is failing to do what a reasonable person would have done in those same circumstances. JTL explains the ins and outs of personal injury here.
In order to win a lawsuit based on negligence, you need to prove four things: You were injured. Someone else’s actions caused your injury· That person failed to perform their duty – they acted negligently. The failure was the actual cause of your injury.
Personal Injury Lawsuits
So what kind of personal injuries can be worth suing over? A lot of people think that only physical injuries that leave visible scars are grounds for a legal claim but this isn’t always true. Emotional damages such as mental anguish can also be worth suing for. Some examples of emotional damages include. Bedwetting, nightmares, or other issues caused by witnessing a crime or accident. Depression is due to a serious illness or chronic pain.
In addition to these mental injuries, there are also physical ones that you can claim financial compensation for. Imagine being in an accident and losing the ability to use your right hand because of it. Now imagine being unable to work as a surgeon anymore. There is definitely money to be made from such losses, especially if they go on for an extended period of time. In this case, your medical bills will have been covered but now you need rehabilitation services and future surgeries which might not be covered by insurance. In such a case it is definitely worth suing for pain and suffering, or to have the other party cover your loss of earnings if they have been negligent.
What about pets? Can’t you sue them? Your family pet can be sued, but there are a few things that need to happen first: The owner should be negligent in their care of the animal – not feeding it properly or something similar. The harm done by the animal must have been intentional – your cat doesn’t get money from being accused of scratching furniture unless he starts eating your couch regularly.
So can you sue someone over a wild animal that isn’t the pet of someone? If it’s on your property and attacks or injures you then yes, but again there are two conditions: You have to show that you took reasonable precautions to keep yourself safe from such an incident. The animal must have been acting in a way typical for his species
What if I was speeding but got injured by a driver going even faster than me – is that fair? Everyone has their speed limits and breaking them comes with dangers. In this case, too, you need to prove negligence. This means proving one of the following: That the other person caused the accident. That they were driving too fast for road conditions or at an excessive speed
What is the statute of limitations? Each incident has a deadline for you to file a claim, also called statutes of limitations. The time limit varies from state to state and the reason behind it is that after a certain period of time evidence becomes harder or impossible to get. If you were injured in an accident but waited so long before filing your claim that some evidence like CCTV footage becomes unavailable, then you won’t win.
Where are the Laws that Govern Personal Injury Cases?
The laws that govern personal injury lawsuits vary from state to state. Some states, like California, have very strict laws for these types of claims. Other states, like New York, have more relaxed standards and a longer time period for filing a claim after the accident occurred – as long as five years!
The best way to find out what rules apply in your case is by contacting an attorney who specializes in personal injury cases. They will be able to go over all of your legal options with you and give you personalized advice about how they think you should move forward.
If you were injured due to someone else’s negligence then it might be worth finding a lawyer and going through the legal process with them to make sure you get a fair settlement for your injuries. The best way to find a personal injury lawyer is by going down to the courthouse and asking around there. You might also want to check online reviews from other people who have been in similar situations as you, as those can be very helpful.
What do I Need to Know Before I Hire a Personal Injury Lawyer?
If you were involved in an accident that wasn’t your fault then you should contact a personal injury attorney as soon as possible. They will listen to your story and help figure out what evidence exists about the accident and if it’s worth filing a claim against another party or multiple parties. It is important that you find an attorney who specializes in these types of cases so that they can represent you properly and get you the maximum settlement possible.
So getting a personal injury settlement isn’t easy, but it’s doable with the right help! If you think you can get a fair deal by fending for yourself then go for it – otherwise, try finding an attorney who specializes in personal injury cases to make sure that your case is handled correctly.