Do I Have a Personal Injury Case?
You may have a personal injury case if someone else carelessly or intentionally caused an accident or situation in which you were injured. In reality, there are more factors to consider because it is not always practical or possible to file a personal injury claim, so it is helpful to speak with a personal injury attorney to discuss your situation.
Pittsburgh Injury Attorneys – Chaffin Luhana
At Chaffin Luhana, we fight to hold negligent parties responsible for their actions. Our core value is “Doing Good by Doing Right.” The following are some of the considerations that affect whether our attorneys will suggest filing a lawsuit.
Requirements for filing a personal injury case
From a legal standpoint, you will need to be able to prove that the other party breached a duty, that the breach led to your injury, and the injury was reasonably related.
You must also file your claim or lawsuit before the statute of limitations expires. State law determines the statute of limitations for each type of claim, and it can be affected by special factors like age or late discovery of the injury.
In some situations, you may be required to follow a special procedure like completing a report for an injury that occurs on public property. Speak with a personal injury lawyer as soon as possible after your injury to prevent missing any important deadlines.
Types of personal injury claims
Virtually any situation can lead to a personal injury. Some of the most common include:
- Car accidents – Drivers have a duty to operate their vehicles safely and per traffic laws; when carelessness results in an accident, an injured party may have a valid claim
- Workplace accidents – Those responsible for maintaining a worksite must comply with safety requirements, but injured employees may not be permitted to file a lawsuit outside the worker’s compensation system; a seasoned attorney will walk through your situation to make sure you pursue the proper avenue for compensation
- Premises liability – A property owner or manager may be liable for injuries resulting from a defect on the property like a poorly maintained parking lot, a spill left on the floor, or even an aggressive dog that bites someone
- Product liability – Manufacturers of products and pharmaceuticals have a duty to place properly designed and manufactured products into the stream of commerce and may be held liable when a faulty product leads to an injury
- Intentional actions – Bar fights or other violent acts that are not accidental may be the subject of personal injury claims against the person who caused the harm or those who had a duty to prevent it
Even if your injury does not fit into this list– if someone caused it through carelessness or on purpose, you may be entitled to seek compensation.
Why file a personal injury claim
Compensation for a personal injury may include both economic and non-economic losses. Economic losses include:
- Medical bills and related expenses
- Lost wages
- The cost of other necessary services like household help if you are no longer able to complete tasks on your own
Non-economic losses include:
- Physical and emotional pain and suffering
- Loss of consortium
Pursuing an insurance claim or filing a lawsuit is often the opportunity that allows an injured individual to pay off the bills caused by the accident and have their suffering acknowledged.
Determining whether a personal injury claim makes sense
When you are seriously impaired due to an accident, filing a personal injury claim may be the best thing you can do to improve your situation. In other cases, it may not make so much sense.
While most personal injury attorneys will accept a case on contingency with no legal fee charged unless your case is successful, a case still comes at a cost of time and emotional investment. If your injury and medical bills are minor, or if you bear a substantial part of the fault for the accident, it might not be worth your time to file a lawsuit. Before deciding, speak with an experienced Pittsburgh personal injury attorney to discuss the possibilities.
We have 85 years of combined experience fighting for the rights of those who have been wrongfully injured. If a personal injury has derailed you and caused pain and suffering, contact us today to schedule a free, confidential consultation with one of our attorneys.