It is a fact that not every personal injury claim results in litigation. Some cases are easier to prove fault than other cases are. For instance, cases with clear negligence, such as medical malpractice or car accidents are clear when it comes to who is at fault. Now, in other cases, it may look like no one is at fault. If there is no true fault, then there is no personal injury case. Not all cases are cut and dry. Do not count out a personal injury case right away.
Liability Issues
Liability isn’t always easy to determine. You may think that you are responsible for your injuries when there is someone else liable. This often happens when you are in someone else’s home or on business property and suffer an injury. You may even have trouble determining who is liable in a car accident. Liability can be difficult to understand and unless you are familiar with the liability and the law, you may not know that someone else was liable for your personal injury. In these cases, having a lawyer can help.
Claim Examples
So, you know that it’s possible to be initially wrong about assuming no one is at fault, but how do you know it applies to your case? The best way to be sure that you have a case is to discuss it with a personal injury lawyer. Lawyers know the ins and outs of personal injury litigation and will have more of an idea of what is a good foundation for a case and which injuries do not have a case at all.
Still, there are some common examples that you may be unaware of. Slip and fall accidents are the most common accidents that you might assume are your own fault. Say that you’re in a supermarket and you fall. This might not be your fault. If the store was negligent in any way and you fell on their premises, then they may be liable. Likewise, say that you are hurt on the job. Maybe you think that it was your own clumsiness, when in reality, your employer did not follow appropriate safety protocols.
Before you jump to the conclusion that there was no one at fault, consult with a personal injury attorney. Of course, there are cases where your injuries may be your own fault. In those instances, you cannot collect damages from anyone. However, in the cases where you may not have recognized the liability, you can collect.
Thanks to David & Philpot, PL for their insight into personal injury claims.
