Considering A Personal Injury Suit? Four Things You Should Know
Personal injury suits can be some of the most unpredictable, which makes them particularly challenging. Add to that some of the misconceptions about what qualifies for a personal injury case and it isn't surprising that some of the people who may have a legitimate personal injury claim never consider filing. Here are some things you need to know before you decide whether you're filing or not.
Missing work isn't a necessity for a personal injury case. In fact, it's a common misconception that you have to be injured badly enough to miss work in order to file a personal injury suit. It doesn't matter if you went to work because you couldn't afford the day off or because you were not injured severely enough to have to stay home. Either way, lost wages and missed work aren't requirements for a personal injury case. You can still file even if all you have are pain and suffering and medical costs.
Even if your injury was partially your fault, you can still file. Some people might tell you that you can't file a personal injury claim if your injury was partially your own fault. For example, if you were texting a friend when you tripped over an obstacle, your lack of attention is only a partial contribution to the problem. Most states allow for settlements to include considerations for comparative negligence. That means you'll get a settlement that's reduced partially based on the percentage that's determined for your responsibility in the incident.
Personal injury cases can even be filed if your injury is more psychological than physical. Don't decide not to file just because the psychological effects are worse than the physical ones. You may still be entitled to a settlement. In fact, psychological problems like PTSD can be long-term struggles that are expensive to treat. For that reason alone it's in your best interest to file.
You don't need to seek emergency care at the time of the incident to qualify. Some people immediately associate personal injury cases with emergency situations and ambulance transportation. The fact is that you can still file a personal injury suit for an injury even if you don't discover your need for medical attention until sometime shortly after. Just make sure you see the doctor right away when you realize that there's a problem, and get complete documentation from the doctor to help you show the connection between the accident and your injury.
For more information or assistance, contact a personal injury lawyer, like one from Owen Law Firm.