Should I Sue Someone for a Personal Injury Accident?
February 20, 2023 | Personal injury
Have you been injured in an accident? Millions of people are injured in accidents every year in the country. In some cases, it is possible for the accident victim to recover compensation for their injuries. You may be wondering whether you can sue the other person involved in the accident for compensation. If so, read on to see what questions you should ask yourself to determine whether you should file a lawsuit for your injuries.
When can someone sue for an injury?
Not every person that is involved in an accident has a valid personal injury lawsuit. In order to sue a person for an injury that occurred in an accident, the person must have caused the accident. Their negligent or reckless actions must have caused the accident that resulted in your injuries. You will need to provide evidence to support this in order to be successful in your case.
There are various types of personal injury claims. However, they must all meet the following requirements.
- The other party’s reckless or negligent actions caused the accident e.g. the drunk driver or a speeding driver.
- The accident resulted in your injuries e.g. you suffered a broken leg as a result of the accident
- The injuries resulted in damages e.g. medical bills, pain and suffering, loss of income as you spent time away from work recovering.
Is there evidence to support my claim?
In order to be successful in filing a personal injury lawsuit against another person, you must be able to provide evidence to support your claim. Some types of evidence you can use to support a personal injury claim include:
- Police reports
Police reports are a recovery of the incident or accident. These reports are a vital piece of evidence. They often include a detailed description of the scene of the accident, photos of the scene of the accident, information gathered from witnesses as well as the contact information of the witnesses. Police reports also include information on what the law enforcement officer believes occurred from observing the scene of the accident.
- Incident reports
Not every accident involves a police report. Some involve an incident report. Incident reports provide a description of what occurred and why. Many places of business such as restaurants and supermarkets will have an incident report written up when an accident occurs.
- Photos and videos
Photos and videos of the scene of the accident, your injuries and the conditions in the area are vital for showing the damages caused by the accident as well as helping to establish fault. If you are able to, it is important to take photos and videos at the scene of the accident to use as evidence later.
- Medical records
If you have sustained an injury in an accident, you should seek medical attention as soon as possible after the accident. This is important even if your injuries don’t seem that serious at first. There are many injuries such as whiplash that become apparent hours or even days after an accident.
Your doctor will examine you and write a medical report about your injuries and their probable causes. This medical report is evidence that your injuries were caused by the accident.
- Witness
Were there people that saw what happened? Eye witness accounts are important for establishing what happened and who is at fault. It is important to contact witnesses to the accident and have them provide a witness statement.
There are various other types of evidence that can be used for supporting a claim. An experienced personal injury attorney can help you gather the evidence you need to build a strong claim.
Do I need a lawyer?
If you intend to sue a person for a personal injury accident, it is in your best interests to seek the support of an experienced attorney. It isn’t uncommon for what appears to be a simple case to become complicated. There are also various elements to a personal injury case and various laws that you will need to be familiar with in order to successfully file your personal injury lawsuit.
In addition to this, personal injury cases involve negotiations with the at-fault party or their insurance company. This requires skill and experience. If you are unable to reach a reasonable settlement, you will need to go to trial. Preparing a case for trial can be complicated. You will also need to argue your case in front of a judge and jury. Attorneys have experience with handling cases from negotiation through to trial. They will give you a better chance of recovering just compensation.
If you’re considering suing someone for a personal injury accident, be sure to consult an experienced attorney. They will answer your questions and help you identify the best approach for your case. Get in touch with us now to schedule free consultation with an experienced personal injury attorney.
Sue for a Personal Injury Accident