Sustaining an injury can have a negative impact on your day-to-day life. If your injury was caused by the negligence of another, you may be able to seek financial compensation in a court of law.
Personal injury cases aren't always straightforward. In order to prepare for the complexities of your own personal injury case, it can be helpful to learn about some of the challenges you may encounter while filing a personal injury lawsuit.
1. Identifying the Responsible Parties
In order to file a personal injury lawsuit, you must be able to name a defendant in your case. This might seem simple, but there are many different possibilities when it comes to placing the blame for a serious injury.
The person who caused the injury can certainly be held accountable, but that individual's employer may also be on the hook for damages if your accident occurred while the offending party was on the job.
An experienced attorney can help you evaluate the facts of your case to determine any and all parties that should be named in your personal injury lawsuit.
2. Establishing a Duty of Care
Simply causing an accident isn't enough of a reason for a person to be found guilty in a personal injury case. The law requires that the offending party have a duty of care to maintain the safety of the person who was injured.
You must be able to prove this duty of care before your case can go to court. Good examples of duty of care include a doctor who is responsible for the health and safety of his or her patients, or a government agency that is responsible for maintaining the safety of public roadways.
Experienced personal injury lawyers will be able to determine the best way to go about establishing a duty of care in your personal injury case.
3. Statutes of Limitations
It's important that you retain an attorney and begin working on your personal injury case as soon as possible following an accident.
Most states have enacted statutes of limitations that dictate the timeframe someone has after they have been injured in an accident to file a personal injury lawsuit. If you wait too long to talk to an attorney about your case, you run the risk of letting the statute of limitations that applies to your situation expire.
The sooner you retain an attorney, the more time you will have to build a solid personal injury case.
Reach out to a personal injury lawyer in your area for more information.