Personal Injury Ocala

The Best Legal Advice

How to know if you qualify for a personal injury

Posted by on Sep 28, 2015

In life, accidents are bound to happen; sometimes they can cause huge or just minor damages. Moreover, it may lead to people filing Personal injury claims to receive compensations for their damages or losses. However, the difficult part is normally when you have to establish or decide whether to file for a personal injury claims. Furthermore, sometimes you notice damages weeks after or even months. Therefore, it can get so hard to make up your mind. 

Most often people are involved in accidents or incidences. These incidents can be car accidents, a malpractice, among other things. As mentioned above people are faced with difficulty in deciding whether they qualify for a personal injury. This article provides you with the necessary information on how to know if you qualify for a personal injury. But first, you have to understand what a personal injury claim.

Personal injury 

A personal injury is any physical injury, mental injury, or any sort of illness that can be associated or caused by an accident or any malpractice. For instance, injuries caused at work especially if the employer does not provide safety measures to his or her employees, injury caused by bad or faulty products, psychological or mental injuries caused through harassment or abuses, or a car accident where the other party or parties involved are on the wrong. 

What to do in case of an accident, incident or an harassment

First things first, for a personal injury to be filed in court, you have to be involved in an accident, or incident that led to damages. However, before that, there are factors that you should know. For instance after filing the claim in court, the jury will not just decide to award you even when your injuries or damages are evident. They first have to establish if there is any case at all. Normally, these claims are filed in case it was the fault of the other party or the parties involved. 

Three elements have to be established first. In order to solve them, the following questions have to be answered:

• Was the other party or the third party responsible?

• Have you suffered a personal injury that have led to damages?

• Was the other party involve directly or in this case, the defendant, cause your damages? Therefore, to know if you qualify for a personal injury claim, first the defendant has be responsible, and they have to have really caused the accident. Thirdly, you must have suffered damages that maybe in terms of medical bills, damage to property, among other things.

Bottom Line

If you strongly believe that, the other party was involved and they were acting carelessly or they neglected their duty. For example, if they were supposed to do something that would have prevented the incidence, but they chose to ignore it. For example, ignoring a road sign or traffic rules and eventually causing an accident. Furthermore, if you have suffered losses because of the injury. Then at that point, you should file a claim with the court. And that is how to know if you qualify for a personal injury.