People seek personal injury claims for numerous reasons every year. While some cases are uncomplicated and easy to obtain compensation for, others are not so simple. It’s important to understand what you can claim in a personal injury case and who you can sue if legal action is necessary after a failed claim. Personal injury cases usually come down to an accident resulting from negligence that causes an injury, and the victim can make a claim against the at-fault party. Here’s your guide to who can be sued for personal injury.
Car accidents are one of the most common causes of personal injury claims. Since someone is almost always at fault for the accident, anyone else who suffers from an injury because of it can seek a claim with the guilty driver’s insurance. To do this, you must be able to prove that the driver was negligent in some form. For example, they could have been driving drunk, talking on their phone or driving recklessly.
Property owners can come to fault when a hazard on their property causes an accident that could have easily been avoided. Slips and falls frequently make up the bulk of this category. If stairs were slippery or part of the floor was torn up to create a tripping hazard, the property owner may be held responsible. It depends on if the owner or one of their employees created a spill or were aware of a hazard and failed to fix it. You must have substantial proof, such as pictures and witness statements, that something on their property caused your accident and not your own negligence.
The government falls under a protection called sovereign immunity, which means that in most cases they can’t be sued at any level. However, there are exceptions to this rule; for example, if you were hurt on government property or discriminated against by a government employee. In these situations, it is possible to sue the government, but you must follow strict regulations and guidelines on how to properly do it. You’re required to inform the government entity you are suing about your claim within a certain amount of time following the accident. Not doing this could get your claim thrown out.
If you’re thinking about suing the government or your claim involves a hefty amount of money (which will make the insurance company fight harder not to award you compensation), reach out to a personal injury lawyer, like from Hickey & Turim SC. They can help you navigate tricky legal jargon and get you on the right path to success.