If you’ve been hurt due to someone else’s negligence, you can potentially hold them financially responsible. However, establishing liability and pursuing compensation for your losses can be complex. Before you file a personal injury claim, ask yourself the following questions to identify the validity of your case and ensure you have the best chance of recovering damages. 

3 Considerations to Make Before Filing a Claim

1. How Severe Are My Injuries?

Not all injuries qualify for compensation under the law. You must evaluate the severity of your condition to figure out whether you have a legal basis for your case. Though both physical and psychological harm fall into the personal injury category, minor issues may not meet the criteria for filing a claim.   

2. Can I Establish Liability?

Although the circumstances surrounding every case are unique, anyone who files a claim must prove their injuries were caused by the negligence of the other party. You must be able to establish liability by showing the defendant had a duty of care to keep you out of danger, they breached that duty, your injuries were the direct result of their actions or inactions, and you suffered recoverable damages. 

3. Will I Benefit From Hiring an Attorney to Handle My Claim? 

Even though you aren’t obligated to hire an attorney to file a personal injury claim, it will give you the best chance at securing a favorable outcome. You’ll benefit greatly from having legal representation when negotiating with insurance companies or presenting your case in court. They will know which strategy to take to increase the odds of maximizing your payout.

Determining the right course of action to take after an incident can be challenging. That’s why the residents of Batavia, NY, turn to Daniel R. McComb Attorney at Law for help navigating the legal system when filing a personal injury claim. For over 35 years, he has fought to protect his clients’ rights and ensure they receive the full restitution they’re entitled to. Contact his office at (585) 343-2250 to schedule a consultation, or visit him online for additional information on his background in this practice area.