Basic Things You Should Consider before You Sue Someone for an Injury

In the daily life, most people experience different types and levels of injury. Not all types of damages give rise to a legal claim – some may be attributed to unavoidable situations that are no one’s fault. But when someone is legally at fault for the incident that led to the injury, then you may have legal grounds to sue but you will need to prove it.

  1. So do you have a legal claim? A legal claim is made through a personal injury lawyer or insurance company that helps you get compensation for the damages. This usually happens when someone else is legally responsible for the accident or creating circumstances that led up to the damage.
  2. Do you have what it takes to make a case? If you are ready to make a damage claim, either through a lawyer or an insurance company, you need to be able to prove that the person you are making the claim against was negligent. This means that they breached a legal duty that is owed to you and the breach led to the accident that resulted in injuries. You have to also prove that you suffered actual harm. The person making the claim must be able to prove to a jury that everything they are alleging regarding the cause as well as the extent of damages is true. If you suffered damage while on the job, you will most likely need to file a workers compensation claim under the procedures put in place in your state.
  3. What is the necessary evidence you need to prove your claim? If you are required to establish that the other party was negligent, then you need some kind of evidence to successfully prove the element of your case. The possibilities may include:
  • A policed report that documents all the circumstances and causes of a car accident
  • An incident report that is prepared by the representative of the business where the incident happened
  • Eyewitness statements that attest to the details of when, where or how the damage occurred
  • Photographs from the accident scene as well as any evidence that might help you document the cause of the harm
  • Records of the medical treatment associated with your damage – that includes the emergency services, hospital visits, physical examinations, therapy, etc.
  • Documentation of work missed and records showing your income in order to support the wages claim
  • A doctor’s testimony regarding the cause of your harm.
  1. Should you talk to your lawyer? Yes! In order to be able to determine if you have sufficient evidence to file a lawsuit, be sure to bring your auto accident attorney up to speed on what is happening. Right from the time you sustain the injuries, inform your car wreck lawyer and allow him to carry out his investigation and advise you on the way forward. Your lawyer will be able to determine whether you have a valid case or not. He will also help you prove it in front of the jury.


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