If you have been seriously injured in an accident that was not your fault, you may wonder if you have a valid personal injury case. In order to determine this, you must first understand the elements of a viable personal injury case.
Every personal injury case is different, but there are certain factors that are always taken into account. This blog post will discuss the necessary elements for a viable personal injury case. Keep reading to learn more of the details you should know!
The Key Elements of a Viable Personal Injury Case
Several key elements make up a viable personal injury case. In short, you must be able to do the following:
- Establish fault
- Prove damages
- Determine liability
- Recognize the deadlines
If you are able to do all of the things listed above, you may be eligible to recover compensation for your losses.
The first element of a personal injury case is establishing fault. This means you must be able to prove that the other party was responsible for causing the accident or injury.
You may need to look into eyewitness accounts, photographs, and medical records to establish fault. Accessing these documents on your own can be difficult, so you may need to hire a lawyer to help you.
Having someone on your side who knows how to handle these types of cases can make all the difference in the outcome of your case because these professionals can help gather what is needed to help prove that you are not at fault for the accident or your injuries.
Next, you must have evidence that proves your damages. This includes (but is not necessarily limited to) medical bills, lost wages due to missed work, and pain and suffering.
It is important to document all the expenses incurred that are related to the incident in order to make sure you receive full compensation for your losses. Some damages are easier to quantify than others, which is another reason why having a skilled personal injury attorney on your side is a good idea.
An experienced lawyer will know how to quantify even the damages that are more of a challenge to calculate so that you can receive the maximum compensation possible for your losses.
Another important factor is determining who is liable for your claim. In some cases, it may be a single individual, while in others, there may be multiple defendants involved.
For example, if you have been in a car accident and the other driver was at fault, they may be liable for your damages. However, if there is evidence that shows their employer should also be held responsible (such as if the driver was on company business at the time of the crash), then both parties may be found liable for the damages incurred in the accident.
Your attorney can help you figure this out so that you can pursue all parties responsible for your injuries. Liability is perhaps one of the trickiest aspects of any car accident injury case, so this is not an element to take lightly.
Recognize the Deadlines
Finally, a personal injury claim must be filed within the relevant jurisdiction's statute of limitations. The statute of limitations is the time frame in which you are allowed to submit a claim before it becomes void.
It is important to keep in mind that this time frame varies from state to state and also depends on the specific nature of the case.
In the state of Georgia, the statute of limitations for personal injury cases is two years. This means that after two years have passed since the date of the injury-causing accident, you will be unable to file a claim for damages. This is why it is critical to file your case as soon as possible after sustaining an injury due to someone’s negligence.
The Bottom Line
In summary, it is important to understand the necessary elements for a viable personal injury case before pursuing a claim. This includes establishing fault, having evidence that proves your damages, determining who is liable for your claim, and filing your claim within the relevant jurisdiction's statute of limitations.
By understanding these key elements, you can better protect your legal rights and pursue fair compensation for any injuries or losses you have suffered due to another party's negligence.
If you need help with your personal injury case, contact an experienced personal injury attorney from The Kalka Law Group – Personal Injury & Accident Attorneys today. Our skilled team will be able to help guide you through the process so that you can get the justice you deserve.
We Can Help with Your Personal Injury Case
Sustaining an injury as a result of another's negligence is often a frustrating and painful experience. If you have been injured due to another party's negligence, a personal injury attorney from The Kalka Law Group – Personal Injury & Accident Attorneys can help.
We understand what it takes to pursue a successful claim and will do everything possible to fight for the compensation and justice you deserve. Contact us today for more information or to schedule a free consultation!
We will work tirelessly to help you get the fair outcome that you are entitled to. Don't wait—reach out to our office now!
We offer free consultations, and we know how to assist you. Contact our office right away to discuss the details of your case by calling (678) 270-2377 or filling out the online contact form.