You’re not entitled to a personal injury claim just because you suffered an injury. Certain conditions need to exist in order for a person to be able to collect damages as a result of a personal injury claim. In today’s blog, we take a closer look at the factors that must exist in order for you to have a valid injury claim.
Do I Have A Case?
Determining if you have a legitimate personal injury claim is typically a lot easier than determining exactly how much your case is worth, but that doesn’t mean the process is always simple. And while we can’t speak for every single type of injury claim, in general, if the following factors are present, you likely have legal recourse in the form of a personal injury claim:
1. You Were Injured – At the most basic level, the first step in being able to file a valid claim is to have suffered an injury. However, having an injury in and of itself doesn’t guarantee that you have a claim. If you stubbed your toe on your neighbor’s kitchen table when they invited you over for coffee, you’re not going to be able to sue them for everything they have. You need to have suffered an injury that warrants medical attention or that causes you financial hardship in the form of incurred expenses or lost income because you can’t work through the injury. But again, there are more factors that need to be present. You’ll also need to show….
2. Someone Else Was At Fault – Someone else needs to be partially or fully at fault for your injuries. If you fell off a ladder while hanging Halloween decorations, you’re not going to be able to sue your own estate and collect damages. However, if you were walking your dog and slipped on a patch of ice that should have been removed by the property owner, you’ll have a valid injury claim. You can also be partly at fault for the accident, so long as you are not considered the party with the majority of the fault.
3. The Accident Was Recent – The statute of limitations varies based on your injuries and whether or not you’re suing an individual, a business or the government, but simply put, the sooner you start your claim, the better the odds that you’ll be able to successfully earn a payday. If you wait weeks, months or years to begin your claim, not only could the legal statute of limitations pass, but it will become much more difficult to collect evidence and prove your case when that much time has passed. Have your injuries examined by a doctor, take photographs of the scene of the accident, get witness contact information and talk with a personal injury lawyer within a few days of the accident to increase your likelihood of having a valid injury claim.
To simplify this, in order to have a valid injury claim in Minnesota, you must have incurred damages as a result of injuries that were at least in part caused by someone else’s action or inaction. If both of these factors exist, and you don’t delay in starting your case, we’re confident that you’ll be on your way to winning your injury claim. Of course, you can always make this process much easier on yourself by hiring Dean and the team at Margolis Law Firm to challenge your case for you! To learn more about how we’ll fight for your rights, give us a call today at (952) 230-2700.
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