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How Do I Know If My Injury Qualifies For A Personal Injury Claim?

March 20, 2023

You’re out at a restaurant with your friends. While you get up to go to the restroom, you notice how dim it is in the restaurant. All of a sudden, you slip and fall on the floor. While the staff and one of your friends come to offer some assistance, your friend suggests that you sue the restaurant. But is that an option for you? Can you file a claim against the restaurant for your injuries? Here is some general information from Salango Law that can help determine whether your injuries qualify you to file a personal injury claim. 

The Severity of Your Injury

The courts may not accept your personal injury claim if your only injury is a paper cut. Your injuries must be so serious that a certain amount of physical pain or mental distress has been inflicted on you.

Your injuries may even be so detrimental that you must take time off from your job. This type of harm qualifies you to file a personal injury claim. Some physical symptoms may not be immediately noticeable. You may start feeling the physical effects of your accident days and weeks later.

It’s also possible that your injuries can worsen over the years. You may still be able to file a personal injury claim based on how well you can prove the next factor.

How Your Injuries Were Caused

Another important factor for your Charleston accident claim is liability. In a personal injury claim, liability is only determined by the other party’s negligence. Negligence is the failure to uphold a certain level of care towards another person.

If another person’s negligence caused your injuries, you might be able to file a personal injury claim. Remember that you would also be responsible for proving how that person’s negligence caused your injuries.

The Person’s Responsibility Toward You

One important factor that you must prove for negligence is the duty of care that someone has towards you. Duty of care is a legal responsibility for another person’s safety. Doctors, for example, have a duty of care towards their patients to provide the best care possible.

You must prove that the other party in your personal injury claim owed you a specific duty of care. This is important because you must prove that the person’s actions violated that duty of care they owed you.

The Damages You’ve Sustained From Your Injuries

Your injuries must be so serious that they cause you to suffer a certain amount of damage. Some of these damages may be physical pain and suffering. Pain and suffering are the ongoing pain and mental trauma your accident caused you.

Damages can also include the financial strain you’ve suffered. You may have had to pay expensive medical bills and take time off from work to recover. You may have had to pay for a new car because your car was completely totaled. You must prove what type of damages your accident has caused and how they’ve affected your life.

Speak With Our Charleston Personal Injury Lawyers Today

If you or a loved one suffered an injury in any type of accident, it is in your best interest to talk to a Charleston personal injury attorney from Salango Law. Call our office today to schedule a free consultation.