When Can You Pursue A Personal Injury Lawsuit?
Personal injury lawsuits are complex legal proceedings intended to compensate individuals who have suffered harm due to the wrong doing or negligence of another party. However, not all injuries warrant the legal pursuit of damages against responsible parties. There are several considerations that determine whether you may have grounds for a personal injury lawsuit or not.
The nature and severity of injuries are primary factors. Minor temporary or inconsequential harm typically does not qualify, while permanent disabilities, life-threatening illness, severe pain, disfigurement, or high medical costs could substantiate legal action. Economic losses may also come into play for plaintiffs. Simply because you suffered harm does not automatically mean you have a viable personal injury claim.
In this article, let’s understand a few instances when you can file a personal injury lawsuit.
Negligence And Wrongdoing
If you were injured due to the negligence or reckless behavior of another party, you may have grounds for a personal injury lawsuit. This includes things like careless driving, medical malpractice, product defects, premises liability, and more. The defendant must have acted in a way that disregarded a legal duty to exercise reasonable care, directly resulting in harm to you.
Injuries resulting from intentional unlawful acts may also substantiate personal injury litigation. This includes assaults, domestic violence, hate crimes, abuse, and other intentional misconduct where a perpetrator’s purposeful wrongdoing directly caused harm. In these cases, the intentional actions of the perpetrator unlawfully inflicted injury upon the victim. Punitive damages beyond compensatory harm may be possible given the willful and malicious nature of the wrongs.
Failed To Warn
Sometimes companies fail to adequately warn consumers about risks associated with a product, service, or activity. If a lack of warning led to injury, it could constitute a viable personal injury claim. Warnings must be appropriate given the risks to effectively shift liability from the supplier.
The injury must also meet a certain threshold of harm to pursue legal action. Minor temporary or inconsequential harm typically does not qualify. Permanent disabilities, life-threatening illnesses, disfigurement, severe pain, or high medical bills may substantiate a personal injury lawsuit. Economic losses can also factor in for the harmed party.
Statute Of Limitations
In most places, there are time limits for filing a lawsuit. Known as statutes of limitations, the time limit for personal injury lawsuits are typically 2-6 years from the date of injury. Failing to file within this window of time will bar you from any legal claims. It’s best to evaluate potential cases promptly and determine as early as possible whether pursuing litigation is prudent.
Personal injury attorneys can help
If you’ve been seriously injured due to the negligence or wrongdoing of another party, discussing your situation with a personal injury attorney like Boulder personal injury lawyer is advisable. An attorney can review the details, determine if you have a viable case, estimate potential compensation, and help you navigate the legal process. Well-founded claims need merit to succeed, so legal counsel is often essential.
While minor injuries may not warrant legal action, injuries caused by the unlawful or irresponsible actions of others who can afford to compensate victims present reasonable grounds for a lawsuit. Don’t hesitate to inquire about your rights and the possibility of remedy through the justice system.