When and Why to Contact a Personal Injury Attorney |
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By: Rachel Spohn Posted: 2009-10-15 07:16:03 |
| For those who have suffered from a personal injury, which is defined as any type of bodily injury as a result of an attack, negligence, or an accident, contact a lawyer sooner rather than later. Personal injury claims have a strict time limit, which varies from state to state. If a claim is not brought within a certain length of time after the accident has occurred, it will become statute barred and will not succeed. While the time limit is usually around three years, waiting until the last minute is not the best idea. An attorney needs sufficient time to undertake the necessary pre-filing work and may refuse your case if there's too little time before the statute of limitations expires.Some may hesitate to contact a lawyer immediately after an accident out of uncertainty whether one has any claim to make. One element in a personal injury claim is the issue of negligence. Negligence is carelessness that causes personal injury to someone else and can either be an action or a failure to act. The plaintiff (the person seeking legal action) must show four things to make a legal claim for negligence. The plaintiff must provide evidence that: the defendant owed the plaintiff a duty of care; the defendant failed in their duty of care; this failure caused the plaintiff's injury; and the plaintiff suffered damages as a result of this injury. Injury due to an attack or an accident is also viable claims if sufficiently proven by the plaintiff. If you experience any of these situations and feel unsure about which steps to take, contact a lawyer for legal advisement. |
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