To sue someone for an injury, you must first build a case
Finding fault with others is precisely what you must do to earn compensation for injuries arising from some incident whether you slip on the floor of a shopping complex or hurting yourself in a car accident. The law is clear that when an injury happens to you due to someone else’s fault, then you have every right to seek compensation. The onus is on the claimant or plaintiff to comprehensively establish the fact that the injuries and damages resulted from the faulty or irresponsible behavior of the defendant. An injury lawyer can help you to lodge and pursue a valid legal claim for compensation by preparing the grounds to sue the offender.
Table of Contents
Know if you have a legal claim
It is not that car accidents, or accidental falls are the only incidents when you can claim for compensation, but there are other instances like animal attacks for which you can claim compensation. The injury attorney can help you to get compensation by holding pet owners responsible for your injuries. Know your rights for claiming compensation for injuries and damages. Unless you can attach a value for the losses and substantiate it with documentary evidence by proving that the other person was responsible for causing injuries, you cannot file a claim for compensation.
Sources of compensation
From car accident cases to slip and fall cases as well as medical malpractice case, you can receive compensation from claim settlers of insurance companies or can file a lawsuit to maximize the compensation amount. The court settlementfor compensation of injuries is always much higher than what insurance companies would offer, but lawsuits take longer time often a year or more for closure. Incidents of animal attack and dog bite are either settled by insurance companies or through civil suits depending on the situation and circumstances. For injuries in the workplace it is not possible to file any lawsuit as it comes under the Workmen’s Compensation Act for processing claims according to the law.
You must make a case
When you file a claim for compensation for injury either with insurance companies or file a lawsuit, the onus is on you to prove that it was the fault or negligence of the other party that caused the injury. You must be able to prove that the person you are accusing of the accident had a legal duty towards you that he or she had breached, and the breach led to the accident resulting in injuries. You must have adequate materials to prove that the injuries made you suffer the actual damages for which you are seeking compensation.
Be ready with evidence
To successfully prove the element of your case and to convince the prosecution about the negligence of the defendant you must gather witnesses that speak for you. From statements of eyewitnesses to police reports and photographs of the scene as well as medical reports and bills and document in support of the loss of earning everything you need to place before the court.
Consulting an injury attorney will help to navigate the legal process and drive it in the right direction.