Accidents happen every day, and it is not always easy to determine if you have a valid personal injury claim afterward. It is for this reason that you should always speak to a personal injury attorney after any type of accident. However, before calling a lawyer, you can also read through the guidelines below to determine if you have a valid personal injury claim.
You Were in an Accident
To file a personal injury claim, you generally must have been involved in an accident. Personal injury law covers a wide variety of circumstances. Car accidents, truck accidents, bicycle accidents, and slip and falls are just a few of the most common types of accidents. Additionally, you may have a valid claim if you were bitten by someone else’s dog or were hurt by a defective product.
You Were Injured in the Accident
Personal injury claims are meant to compensate you for any losses, or damages, you sustained during the accident. If you were not injured, it is unlikely that you have a valid claim because there is nothing for which to compensate you. Additionally, if you were injured but your injuries were very minor and did not require medical attention, you may not have a claim. On the other hand, if you suffered serious injuries such as a concussion, a spinal cord injury, or broken bones, you may have a valid claim.
You Believe Someone Else is at Fault for the Accident
Personal injury claims typically rely on negligence. Negligence is a careless action or inaction that injures another person. If you believe that someone else’s negligence caused your accident that resulted in injury, you may have a valid claim. However, if you were completely at fault for the accident, you probably do not have a claim.
Your Accident Occurred Within the Past Two Years
California, like all other states, places a statute of limitations on personal injury claims. The statute of limitations, or time limit, is usually two years from the date of the accident in most personal injury cases. Once the statute of limitations has expired, you have forfeited your right to any damages and so, you may not have a claim. Still, even if your accident happened more than two years ago, but you did not discover your injuries immediately afterwards, you may still have a claim. California also has many exceptions to the statute of limitations, and your case may fall into one of these.
You Have Evidence
Unfortunately, simply stating that you were injured and someone else was at fault is not enough. You must also have evidence to prove your claim. Photographs from the accident scene, eyewitness statements that corroborate your claim, and medical documents all serve as useful evidence when proving your claim.
Our California Personal Injury Lawyer can Advise on Your Case
If you have been hurt in an accident and believe someone else was at fault, you should speak to a San Francisco personal injury lawyer as soon as possible. At Brod Law Firm, we will review your case free of charge and advise on whether you have a valid claim. If you do, we will help you throughout the entire process and work tirelessly to help you recover the full amount of compensation you deserve. Call us today at (800) 427-7020 to learn more.
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