February 19, 2021

When can you make a personal injury claim?

When can you make a personal injury claim?

If you have been injured through no fault of your own, it is usually possible to make a claim against the person or company who is at fault.

The idea behind a personal injury claim is that you can be compensated for your medical bills, and for any emotional or physical distress that you have been put under as a result of the accident.

Motor vehicle accidents

If you are thinking about making a personal injury claim for a motor vehicle accident, the amount of time you have after the accident to take legal action varies state by state. A lot of states allow up to two years, while some allow three.

Although it is important to get started on legal proceedings as quickly as you can, it is also important that you leave enough time to know exactly what it is that you are claiming for.

Some injuries can take time to fully develop, and it is important that you know the extent of the damage that has been caused before filing your suit. For example, in head trauma cases, some of the symptoms can take a few weeks or months to fully manifest and things like small fractures can be overlooked in initial medical examinations.

Defective products

If you have been injured as a result of a defective product, then you are usually able to file a suit against the manufacturer. According to personal injury lawyers Brown and Crouppen, you can claim for things like:

  • Accidents involving power tools.
  • Car defects.
  • Dangerous drugs.
  • Defective medical devices.
  • Food poisoning either from an establishment or as a result of tainted produce.
  • Lead paint exposure.

If you are not sure whether your case qualifies, the best thing to do is contact a personal injury lawyer who will be able to advise you. Often, they will not charge you for your case unless you win, to lessen the financial risk involved.

Medical malpractice

The definition of medical malpractice is when a healthcare provider deviates from the recognized standard of care.

Having a bad outcome from a healthcare facility does not necessarily mean that you are a victim of malpractice, it is possible for a medical professional to follow care guidelines diligently and still not get the desired result. Malpractice occurs when the healthcare provider has not been diligent or careful, and as a result injury or death has occurred.

The statute of limitations on medical malpractice suits varies state by state, so as with other types of claims it is best to get advice from an attorney about whether your case is eligible.

Injuries at work

If you have been injured or become ill at work as a result of your employer’s negligence, then you may be able to make a claim against them.

If your employer has not taken steps to ensure your safety, either by not providing you with the correct equipment, not providing you with the right training or by placing you into hazardous situations and you have been injured or become ill as a result then you may be able to make a claim.

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