Personal injury lawsuits are relatively rare. Most people make it through their lives without ever incurring major losses due to the actions or negligence of another party. They may never need to file a major insurance claim, let alone consider filing a lawsuit.
However, personal injury laws do exist for a reason. Occasionally, businesses blinded by profits may release unsafe products. Individuals can make all kinds of dangerous choices, ranging from mugging people outside of a concert to driving after having too much to drink. Personal injury statutes are generalized and broad so that they apply in a variety of different challenging circumstances.
When can people potentially pursue compensation from another party by initiating a personal injury lawsuit?
When there is proof of fault
To pursue legal action against one person or a business, a plaintiff needs evidence. They do not need to meet the same high standard of evidence imposed by the criminal courts, which is proof beyond a reasonable doubt. Instead, they need to show that it’s preponderance of the available evidence supports their claim that the other party caused their injuries. Proof of either negligent behavior or intentional misconduct is usually necessary to pursue a successful personal injury lawsuit.
When there are verifiable losses
Even situations that involve overt misconduct may not result in lawsuits if there are no economic damages to recover. People need proof of property damage losses, medical expenses or lost wages to pursue a personal injury lawsuit. The more costly the incident is, the more important a lawsuit may be, as any available insurance coverage may not be able to offset the expenses generated.
When people act promptly
One of the most important legal restrictions on personal injury lawsuits is the statute of limitations. Plaintiffs typically only have two years from the date of an incident to initiate legal action against the party at fault. Those who delay taking legal action for too long may lose the right to request compensation through the courts.
Frequently, the best way to determine whether an individual has grounds for a personal injury lawsuit is to discuss the situation with an attorney. Learning about the basic requirements for personal injury lawsuits can help people work to hold others accountable for harming them.