Accidents happen every day—but not every accident leads to a valid personal injury case, as our Rockville, MD personal injury lawyer can confirm. If you’ve been hurt due to someone else’s actions or negligence, you may be entitled to compensation. However, the success of a personal injury claim depends on several legal factors. Knowing whether your situation qualifies can help you decide if pursuing legal action is worth your time and effort.
Here’s how to determine if you have a valid personal injury case.
There Was An Injury Or Harm
The first and most obvious requirement is that you were actually injured. This could include:
- Physical injuries (e.g., broken bones, cuts, head trauma)
- Emotional or psychological harm (e.g., PTSD, anxiety)
- Financial losses (e.g., medical bills, lost wages)
Without a measurable injury or loss, even if someone was clearly at fault, you likely don’t have a claim that would hold up in court.
Another Party Was Negligent Or Responsible
To have a valid case, someone else must have caused your injury through negligence, recklessness, or intentional wrongdoing. In legal terms, negligence means:
- Duty of Care: The other party had a responsibility to act reasonably and avoid causing harm.
- Breach of Duty: They failed to meet that responsibility.
- Causation: Their actions (or lack of action) directly caused your injury.
- Damages: You suffered losses as a result.
For example, if a distracted driver ran a red light and hit your car, their negligence could form the basis of a personal injury case.
The Injury Happened Recently (Within Legal Time Limits)
Every state has a statute of limitations—a deadline for filing personal injury lawsuits. These time limits vary by state and type of injury, but they typically range from one to three years after the accident.
If you wait too long to take legal action, you may lose your right to compensation, no matter how strong your case is.
There’s Evidence To Support Your Claim
To pursue a personal injury claim, you’ll need to prove your case with evidence. This may include:
- Medical records
- Police or accident reports
- Photographs or videos of the accident scene
- Witness statements
- Employment records showing lost income
The more documentation you have, the stronger your case will be. Our experienced personal injury lawyer can help you gather and preserve this evidence.
You Were Not Entirely At Fault
In many states, you can still recover damages even if you were partially responsible for the accident—as long as the other party was more at fault. This is known as comparative negligence.
However, in some jurisdictions with contributory negligence rules, even a small percentage of blame on your part could prevent you from recovering compensation. Understanding how your state handles fault is crucial.
Determining whether you have a valid personal injury case requires an honest evaluation of the facts, the law, and the available evidence. If you’re unsure, the best step is to consult our personal injury lawyer. Most offer free consultations and can quickly assess whether your situation warrants legal action.
Don’t leave your rights and recovery to chance. If you believe someone else’s negligence caused your injury, seek legal guidance and explore your options for justice and compensation. At Azari Law, LLC, we are here to help you.