Tuesday, May 6, 2014

3 Considerations for a Winning Personal Injury Lawsuit

If someone has accidentally or intentionally injured you or a family member you may have a personal injury claim.  You should always have your situation evaluated by a personal injury lawyer.  However, there are three main factors to consider before filing a lawsuit: 

1.  Do you have a valid lawsuit?
Personal injury lawsuits are legally referred to as tort claims.  A tort is a civil wrong that causes you loss or injury.  Injury can occur in a variety of ways and usually involves physical injury to yourself.  In certain circumstances, you may also be able to sue for mental trauma or injury to a family member.  There is rarely a valid claim for loss or injury to a pet or animal companion. 

2. Who is at fault?
Your injury must have been caused by someone else.  If the injury was your fault, you cannot force someone else to pay for your damages.  You may still have a case if it is unclear who caused your injury or if you are responsible for only part of the damages. 

3.  Is your judgment collectible? 
Even if your situation meets all the requirements for a winning lawsuit, you must consider whether you will be able to collect compensation.  Initiating a lawsuit and obtaining a judgment will be of no use if the person who caused the accident does not have any money or assets.  If the defendant has nothing to collect and no insurance, a lawsuit could be a waste of time and effort. 

 Here are some examples of common personal injury lawsuits:

- Injuries incurred from car accidents caused by drunk drivers, distracted drivers texting or talking on cell phones or simply drivers who are negligently not paying attention. 

- Defective product lawsuits such as defective vehicles, tires, appliances or other products.  A product may have been made defectively such as an ignition key that fails to shut the car off or a product that is designed incorrectly such as a swimming pool filtration system that traps a swimmer at the bottom of the pool.  

- Wrongful death lawsuits from airplane crashes, boating accidents or train crashes. 

- Injuries from dog bites.  Pet owners are often liable for injuries caused by their animals. 

- Lawsuits against drug companies who market and sell dangerous pharmaceutical products. 

No comments:

Post a Comment