Most people think that an injury as a result of an accident always leads to a personal injury claim. But this is not always true but exploring your options can be helpful in the event that you do have a personal injury claim.

How Do I Know If I Have a Claim?

The person who has been injured must prove that somebody else caused their injury. As you know, this can be difficult to do – especially if you are recovering. The state of Massachusetts requires the following to file a personal injury claim:

  • Duty of care: The responsible person must have owed you a legal duty of care.
  • Breach of duty: The responsible person must have breached that duty of care.
  • Causation: The negligent behaviors of the responsible party must have been the cause.
  • Damages: There must be damages that can be compensated through an injury claim.

All personal injury claims must include these four elements. It can be helpful to work with a personal injury lawyer who can not only determine if these important elements are present but also help with collecting evidence to prove them. Evidence, like medical records, contract agreements, income statements, and witness reports can help with proving these elements.

Evaluate Your Legal Options Before Its Too Late

Unfortunately, the longer you wait to file a personal injury claim, the more difficult it becomes to prove fault. Witnesses become harder to find, and those involved begin to forget what happened.

If possible, it makes good sense to take a written description of the accident. Along with this, collect contact information for other involved parties and witnesses.

It is also important to stay within the state’s statute of limitations. You have just three years to file a personal injury claim. This timeline begins from the date of the injury. Even if you have a strong case, it could be thrown out of court, if you do not file within the timeline. It also takes time to build a case, so it is important to begin the process as soon as possible.

Hire a Personal Injury Lawyer to Help With Your Claim

Since each area of personal injury law is governed in its own way, it is important to hire an attorney with experience. For example, with a car accident claim, you must have proof that the other party was at fault. Determining whether you have a case may seem simple, but this is difficult for the everyday person to do.

Other types of personal injuries might include truck accidents, defective products, motorcycle accidents, or even slip and falls. Each type of case has its own requirements and you want the best representation possible. You also want an experienced personal injury lawyer that can handle your case, allowing you to focus on your recovery.

Speaking with an experienced Boston personal injury attorney will help you decide whether or not you have a claim. With a free consultation, there is no risk in evaluating your options.