March 9, 2020

Different Signs That You Might Be Entitled To A Personal Injury Claim

Thousands of people suffer from personal injury each year. It applies to liability claims like motor vehicle accidents, slip-and-falls, negligent security, as well as medical malpractice, abuse, and neglect.

The legal team from Rose Sanders Law Firm, PLLC recommends that if you experienced these types of events, it is best to consult capable lawyers to help you navigate the complexities of litigation and be compensated for your suffering.

These types of cases are best handled by professionals who can represent you, especially against big entities. Here are some signs that may indicate that you are entitled to Personal Injury Claim:

Many of the claims are made on the basis of negligence. You may have a strong case if these conditions are proven:

You are entitled to care

If you want to file a medical malpractice suit against a physician because of a wrongful assessment and/or diagnosis, there must be an established duty of care between both parties. This may be in the form of a record of appointment or any records that show that the defendant owed a duty of care.

The defendant was careless or reckless

A case against the defendant’s duty of care can be claimed in some circumstances. It must show that the defendant failed to exercise that duty which caused your personal injury.

This is common for vehicular accidents where the driver was distracted, drunk or unfit to drive. Also, for slip-and-fall cases in establishments where there was negligence on the part of the defendant that could have prevented the accident.

The Incident Occurred Within the Past Two Years

In Texas, personal injury lawsuits have a standard statute of limitations of 2 years from the date of injury. The plaintiff must take the necessary legal action within that time.

The main thing about getting compensated for an injury claim is to be able to get legal advice as soon as possible. The Department of Justice estimates roughly 16,000 tort cases went to trial, which is a meager 4% of the total claims that were made. Most of the cases were settled out of court. This means that people are willing to settle.