No matter how you were injured, one thing is for certain: it can be scary. The idea of being immobile, disabled, unable to work, or financially strained as a result of an injury can be overwhelming. It is even more scary when you need to file a lawsuit to get the help you need after the fact.
Hiring a personal injury lawyer to assist you in receiving a settlement you need and deserve is beneficial but are you sure that your situation constitutes legal action? Below are instances where you definitely should obtain legal assistance to hold those at fault for your serious injury accountable.
1. When you have serious injuries
Serious injuries most likely mean that you will be immobile for a lengthy period of time and therefore unable to work. You need to support yourself financially so filing a lawsuit against the parties at fault seeking damages would help you receive lost wages as a result of the injury.
Usually the severity of the injury is measured in court by the type of injury sustained and estimated length it will take to recover. A long-term injury is defined as one that remains for longer than one year and a permanent disability means the injury disables you for the rest of your life. If your injury falls into one of these categories and a party is obviously at fault, you have grounds for a personal injury lawsuit.
2. When you have suffered financial losses
As mentioned your injuries could mean that you may suffer financial losses that will inhibit your ability to pay for mortgages, bills, and food. Sometimes the party at fault’s insurance company will pay you to settle the matter, but in many cases the company will refuse to pay or make an unreasonable offer. In this instance, a lawsuit should be filed to seek damages to pay for lost wages and long-term care if needed.
3. When someone else is at fault
Sometimes it is not always clear who is at fault when someone is seriously injured. This makes the process a little more difficult but even if it is unclear, a lawsuit should still be filed and the personal injury lawyer that you hire can probably assist in confirming that the right party is held accountable. For instance, it may be difficult to sue an asbestos company as the product may be decades old, it is unclear who in fact manufactured the product, or the company may be out of business.
If a perpetrator can be identified as being at fault, it is easier to initiate the process as it allows clarity regarding who is to be acknowledged in the lawsuit. For example, in automobile cases, the driver would be recognized as the defendant. In a malpractice lawsuit, the doctor would be responsible in responding to the allegations.
4. When fault is disputed
In a perfect world, whenever an accident occurs and someone is clearly at fault, that person owns up to their error and immediately seeks to remedy the situation. However, this is not always the case. Sometimes people and companies will dispute the fact that they were at fault or attempt to place blame on the injured or an entirely different party altogether.
In other situations, insurance companies will deny that their client was at fault in the incident and refuse to pay any sort of settlement. If you have been injured in an accident and someone is clearly at fault and refusing to take responsibility for it, filing a personal injury lawsuit will guarantee that they are held accountable for their actions and you will most likely receive a favourable settlement. If you really were not at fault in the incident, this will definitely come out in court.