Can I File a Personal Injury Lawsuit After My Accident?
March 24, 2020
Injuries happen all the time, so what differentiates an injury that gives rise to a lawsuit and an injury you can’t get compensation for? If you’re hurt and wondering whether you can pursue a claim or not, then you’ve come to the right place. Learn everything you need to know about personal injury lawsuits below.
1. Are You Injured?
The first thing you’ll need to prove if you’re hoping to seek out a lawsuit is that you were in fact injured. A small cut or minor injury that doesn’t require medical attention won’t give rise to a lawsuit. Instead, you’ll need to prove that this injury caused specific damages. In most situations, that means you incurred medical bills or paid-for prescription drugs.
2. Where Did Your Injury Occur?
The next thing you need to ask yourself if you’re considering a lawsuit is where did your accident occur? Were you injured on your own property, or did your accident occur at business? Was your injury the result of a motor vehicle crash, slip and fall or someone’s negligence?
The circumstances surrounding where your accident occurred plays a major role in whether you’ll be able to seek compensation or not. If your accident occurred at a business, then you’re more likely to be able to file a claim. Similarly, property owners owe a duty of care towards individuals that are invited onto their property.
All drivers owe a duty of care towards other motorists and pedestrians, too. If you were injured in an accident, then you can likely file a lawsuit.
3. How Did Your Accident Happen?
Another important aspect of a personal injury case is how the accident happened. In order to file a personal injury lawsuit, someone else must have had a duty to provide for your care. That person or entity must have failed to uphold that duty, which resulted in a breach of duty. This breach of care must be what directly caused your accident and injury.
It’s also important to consider how your own actions may or may not have contributed to the accident. If you believe you were partially at fault, then you may not be able to seek out full compensation depending on the situation.
To learn more about the four elements of a personal injury claim, click the link.
Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Personal Injury Case in Pennsylvania
Did you or a loved one sustain serious injuries in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Goodrich & Geist, P.C., represent clients injured in Pittsburgh and Western PA counties. Call 412-564-4770 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3634 California Avenue, Pittsburgh.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.