Do You Have Grounds For A Personal Injury Lawsuit?

A Riverside injury attorney who specializes in dealing with personal injury claims can help you to determine as to whether you have grounds to make a claim. Receiving damages for your accident through a lawsuit can involve a complex litigation process in which the law can vary from state to state. An example of this is the 'statute of limitations' in which it is decreed the amount of time that a plaintiff has to legally file a claim. In New York the time is up to three years after the accident or incident which caused the injuries, whereas in the state of California it is only two. For this reason it's really important that you contact an experienced personal injury lawyer who is fully conversant with the laws in your state.

So with this in mind, how do you know if you actually have grounds for a personal injury lawsuit?

A Riverside County injury attorney explains that if you have been injured either physically or indeed emotionally by another person party or entity, then there is a pretty good chance that you will have good grounds for a personal injury claim. Injuries can range from something fairly innocuous such as a sprain or a cut on the head, through to broken bones, spinal injuries, head trauma and even death.

Wrongful death

In the case of a wrongful death claim, clearly the victim is no longer with us, so this type of claim is different from any other in that the damages would be geared towards the needs of the grieving family. Compensation for funeral/burial expenses, loss of wages, loss of companionship, and loss of a role model are the usual damages that a wrongful death claim can bring, whereas unlike a normal personal injury claim, the damages will be configured more around the injured party themselves. Therefore things like immediate and on going medical expenses, loss of wages whist in recovery, expenses for on going treatment and costs of medical equipment are the norm. A highly experienced Riverside injury lawyer can talk through your options and explain your rights.

Injury at work

When it comes to personal injury at work, this is a little more complex because more often than not injuries that occur at work are claimed for by using the workers compensation scheme. This is something that was put in place to protect any employees who have had an accident at work and gives them quick access to money that will cover the costs of their immediate medical expenses and a loss of wages whilst in recovery. This is normally paid out through the employers insurance carriers (normally within 72 hours) and therefore avoids any costly lawsuits. Workers compensation is also a 'no blame' scheme in which no blame is attached to the accident and the employer is not held accountable. However there are circumstances in which you can in fact file a personal injury claim for an accident at work which can run alongside your workers comp claim.

Normally through workers compensation the services of a Riverside injury attorney would not usually be required. However if there is reason to believe that a person, party or entity has grounds for gross negligence, then they can be sued independently. For example if you were using chemicals or substances that required protective clothing such as breathing apparatus and your employer hadn't issued any breathing apparatus, or it was deemed faulty, then this is classed as gross negligence and as a result your employer could be facing a personal injury lawsuit.

The right lawyer can help you with your case, so if you have any concerns that your injury at work wasn't purely accidental then you should contact a team of Riverside injury lawyers. Any law firm worth their salt will offer a free, no obligation consultation whereby you can meet with them to discuss your case. From this they can see if you have a case to answer. At the same time you can get any questions answered that you have about the process.

It is fair to say that personal injury claims are very common and is not something that an individual should shy away from. It is not aimed as a form of punishment for the negligent party; instead it is aimed at compensating the plaintiff for the injuries they have experienced. If you are in any doubt about whether you have grounds for a personal injury claim, then a quick chat with an attorney should give you the answer.