If you suffered an injury in an accident, you may wonder if you are eligible for compensation through a personal injury claim. Your injury may require ongoing medical treatment while you cannot go to work. As you try to get treatment and recover from the injury, you would not want to deal with financial stress. Thankfully, a Tuite Law personal injury attorney can help you pursue the compensation you deserve for what you have gone through. So, how do you have a solid injury case?
You are Owed a Duty of Care
To have a valid personal injury claim, the negligent party should have owed you a duty of care. For instance, motorists have a duty to keep other road users safe by driving responsibly. In product liability cases, manufacturers have a duty to sell reasonably safe products. In any personal injury claim, it is important to establish the existence of a duty of care.
The Defendant Breached their Duty
For your injury claim to succeed, you must establish that the at-fault party acted recklessly or negligently, violating their duty of care towards you. If the accident occurred and nobody was at fault, you may not have ground to file a claim.
The Negligence Resulted in Your Damages
To seek compensation after an accident, you should prove you have suffered damages due to the actions of the defendant. Damages include medical expenses, pain and suffering damages, lost wages, and property damage.
You Mitigated Your Damages
As a claimant, you must lessen the effect of your injuries and the accident’s costs. To diminish your damages, the defendant may claim you did not take steps to minimize your losses after the injury. Mitigating damages include responding to your injury by seeking medical care, finding new employment if needed, as well as working with medical and legal experts. With your duty to mitigate damages, you must keep damages financially, legally, and physically reasonable. It is important to consult with your lawyer about your circumstances to determine fault and the possibility of recovering compensation.
You File a Claim Before the Legal Deadline Expires
When it comes to personal injury cases, there is a statute of limitations you must follow. In the state of Illinois, you can file a lawsuit within two years from the date the accident took place. Filing a claim after the deadline will cause you to forfeit your right to financial compensation. You will never have a problem with the filing timeframe if you have an attorney on your side.
