If you are unsure about whether you should pursue a personal injury claim, there are various factors to take into account when making your decision. Regardless of the circumstances, the following questions can be helpful in determining whether it is worth filing a claim.
Have you suffered an injury?
After any accident, this is the first question you should ask yourself. Obviously, if you haven’t suffered an injury, there is no personal injury claim.
If you have suffered an injury, is it serious?
Many people minimize their injuries at first, especially if a friend or family member was involved in an accident. Keep in mind that sometimes injuries do not manifest themselves right away, so it is vital to seek medical treatment as soon as possible. If you have already received medical treatment, ask yourself:
Will you require further medical treatment? How much will it cost?
Was your injury catastrophic and life-changing?
What effects has your injury had on your quality of life?
To determine whether or not your injury is serious enough to pursue a personal injury claim, the extent of your injury must be taken into account. A simple scrape or bruise that doesn’t require medical attention is not cause for a personal injury claim. If your injury requires ongoing medical care and time off work for you to recover, it is probably serious enough to warrant a claim.
What Caused Your Injury?
Causation is easier to prove in some cases than in others. For example, if you slip and fall on a cluttered walkway, it may be easy to establish that the property owner’s negligence is what caused you to trip and sustain injuries. On the flip side, if you spill some water and slip in it, you may not be able to establish a link between the owner’s negligence and your injury.
Who Is At Fault for Your Injury?
If you are responsible for your own injury, then you probably do not have a claim against the other party. As stated above, if you can determine causation between the other party’s negligence and the accident that caused your injuries, it is easier to conclude who is at fault for the accident.
If you are partially responsible for your injury but someone else holds the majority of liability, you must consider the premise of comparative negligence. While you can still seek compensation, you will not receive as much as you would if the other party was fully responsible.
If you’re still not sure if you have a valid personal injury claim, the experienced legal team at Gold, Albanese, Barletti & Locascio, LLC, can assess your situation and advise you on the best course of action to take. Contact us at 732-936-9901 to schedule a free consultation.