Is it Worth it to File a Personal Injury ClaimIs it worth it to file a personal injury claim? This is certainly a valid question to ask and consider if you have been hurt and/or suffered damages in an accident that was due to the negligence, recklessness or carelessness of another party.
The answer to this question depends on several things. These are things that need to be carefully weighed and considered.
The first thing to consider is whether you have actually sustained a serious injury and/or incurred significant damages as the innocent victim of an accident that was caused by another partys negligence or recklessness. If you have only suffered a minor injury or insignificant damages, it probably will not be worth it to file a personal injury claim. The reason for this is because there will be little to recover or be compensated for.
Serious injury or damages
However, if you sustained a serious injury and/or suffered great damages, it will probably be well worth your while to file a personal injury claim. This is especially true if you have suffered a debilitating, disabling injury.
Is there another party that is responsible for your injury and/or damages due to their negligence or careless, reckless action or behavior? This may seem obvious, but there has to be a party that you bring your personal injury claim against. The responsible party may be a person, persons, entity or company.
Another issue to consider in whether it is worth it to file a personal injury claim is were you even partially at fault for the accident. If you were even partially at fault for the accident, it can significantly affect the damages you recover or the amount you are compensated.
Most states use what is known as comparative negligence. What this means it that what you recover or are compensated for will be reduced to the degree that you are regarded as being at fault for the accident. For example, if you are regarded as being 20% at fault for the accident, you may only recover 80% of your damages.
There are a few states that use what is known as contributory negligence. What this means is that you may not be able to receive any compensation at all if you are considered to be even partially at fault for the accident.
Do you have good evidence or proof that will stand up in court regarding the negligence or recklessness of the other party? Do you have proof or evidence of your injury and/or damages? This is another important thing to consider in determining whether it is worth it to file a personal injury claim.
Here are some examples of things that may be good, reliable evidence in court. They include:
Copies of medical reports
Bills from hospitals and doctors
Testimony from eyewitnesses
Photos of damages or injuries to you or your property.
The best way to determine if it will be worth it to file a personal injury claim is to contact a personal injury attorney and have your case evaluated at no cost or obligation to you.
Article written by James Shugart
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