Signs You Have A Negligence Claim
If you are injured because of the negligence of an individual or organization, you're entitled to damages. Unfortunately, the country is a litigious one, and it's sometimes difficult to tell when you have a real claim. Your best bet is to consult with a personal injury lawyer, but having an idea what constitutes a negligence claim might be helpful.
Types of Injuries
You can claim compensation if you suffered an injury because of the carelessness of a company or business enterprise. Often injuries like these need careful investigation and sometimes even scientific study. Often, you'll need the assistance of a lawyer to prove them. Examples for which you might claim damages includes:
- Serious injuries that cause disability for a long period or a physical disfigurement
- Injuries or illnesses you contract while undergoing treatment at a medical establishment
- Exposure to poisonous chemicals in the environment around you that cause injuries or illnesses
Types of Damages
Aside from the damages for the injuries you suffered, you can also claim compensation for related losses you incurred. These losses can be either material or psychological, and your lawyer can assist you in working out the appropriate compensation amount. For example, you can claim damages for the following scenarios.
Personal belongings, such as clothing or means of transport, were damaged or lost in the mishap. Request damages for up to the market price of the item or the cost of repairs to that item.
The incident caused you an exorbitant amount of pain and suffering and mental anguish. For example as a result of the accident, you might suffer from insomnia or fear of being in environments similar to the one where the accident occurred.
Or, the stress of the accident might prevent you from performing normal activities. You might now be unable enjoy your favorite activities or hobbies.
What You Can Ask For
Claim damages to cover the cost of the medical treatment you need. This includes:
- Doctor visits
- Hospital inpatient treatment
- Physical therapy
- Transportation to get medical treatments.
If you're unable to work for a while because of injuries, you can claim compensation for the wages you lost. Essentially, you'll need legal advice if the injuries you suffered are serious and the amount of damages due to you are high.
Your Role
You can claim damages for injuries, but your actions are also under scrutiny. If you're somehow responsible for the accident, even partly, you might not be able to claim the damages you estimate. In some states, the courts could lower the damages they award you under the comparative negligence clause. In other states, under the contributory negligence rule, you might not get compensation at all. In both cases, your degree of negligence will impact the outcome of your claim. The courts also expect that you try your best to reduce the effects of the injury to yourself and your property. For example, if you are hurt, you should get medical help right away.
Talk with a personal injury attorney, like Gomez May LLP, if you think you might have a negligence claim.
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