Protecting You During Trying Times

When to File a Personal Injury Lawsuit

On Behalf of | Apr 1, 2019 | Slip-and-Fall Lawsuit

Were you recently injured in an accident?

Dealing with a serious injury is incredibly difficult. Not only is it hard to manage your symptoms and try to get back to living a normal life, but you also have to worry about how you’re going to pay for your treatment.

If you’ve been trying to figure out whether or not you should file a personal injury lawsuit and seek compensation for your injury, keep reading.

These guidelines will help you decide whether or not an injury lawsuit is the right call for you.

What Is a Personal Injury Lawsuit?

If you’re injured and someone else is at fault, you can file a personal injury lawsuit to receive compensation for the damages.

In addition to receiving help to cover the cost of your medical care, you can also receive compensation to cover lost wages and make up for the emotional distress you may have experienced because of the accident.

When Should You File a Personal Injury Lawsuit?

Of course, a personal injury lawsuit isn’t always the best option. Ask yourself the following questions to help you decide whether or not it’s worth it for you to file a lawsuit:

Did You Experience a Personal Injury?

First, you need to ask yourself whether or not you experienced a personal injury. A personal injury is an injury that affects your mind, body, or emotions—it can either be psychological or physical.

Examples of personal injuries include broken bones, concussions, depression, or post-traumatic stress disorder.

Remember that personal injuries are different from property damage. If your car suffered damaged in a car accident but you are physically and mentally fine, a personal injury lawsuit probably isn’t a good idea.

Did Someone Cause Those Injuries Because of Negligence?

Next, you have to ask whether or not negligence by an individual or an entity (business, government agency, etc.) is responsible for the injury.

If someone acted in a careless manner, you may have a case for a personal injury lawsuit. This includes if an entity didn’t take steps to prevent injuries from occurring in their business or office.

Have You Suffered Personal or Financial Harms?

You also need to prove that you’ve suffered personal and financial harms that can be remedied with money damages. This is a sum of money awarded to you to compensate for injuries and losses.

Examples of personal and financial harms include the following:

  • Medical bills
  • Physical pain
  • Mental anguish
  • Emotional suffering
  • Lost wages
  • Disability accommodations
  • Reduction in earning capacity
  • Loss of companionship

Before filing a lawsuit, you’ll want to consider if the defendant has the means to provide you with compensation.

Is There Evidence to Prove Your Claim?

Finally, make sure there’s evidence to prove your claim.

Is there a police report documenting the circumstances of your accident? Is there an incident report at the business where you were injured? Are there eyewitnesses who can corroborate your story?

This increases your chances of winning your case and getting the compensation you need.

Do You Need Helping Filing a Personal Injury Lawsuit?

If you live in the Dallas, Texas, area and are considering filing a personal injury lawsuit, contact us at Kastl Law today.

We have experience handling a wide range of personal injury cases, including catastrophic injuries, brain injuries, industrial accidents, and automobile accidents.

We even offer free case reviews, so you can meet with an expert risk-free to see if we’re the right fit for you.