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How to Determine if You May Have a Personal Injury Claim

If you have been hurt by someone else, you may be wondering whether you are able to file a personal injury lawsuit to receive some compensation for your injury. You may feel the mounting pressure of paying medical bills, worrying about time out of work, and trying your best to get the treatment and rest you need to recover. If this sounds like you, consider calling a competent, professional attorney today to help you assess your claim. An experienced attorney can help you understand the value of your potential claim and how you may be able to get monetary compensation for your losses. In the event you need legal advice, do not hesitate to contact an attorney, like a personal injury lawyer Harrisonburg VA relies on, to assist you.

Though you should consult with an attorney to properly determine whether you have a valid personal injury claim, here are four basic things to consider:


  • Who caused your injury? If your injury was caused solely by someone else, you have checked the first box in the personal injury claim checklist. Examples of this type of personal injury  may include car accidents in which another driver was clearly at fault, or an assault on you by another person. Keep in mind that the facts and circumstances of your injury are very important and will affect the strength of your claim. Defendants may have good defenses to your claim, such as that you were partially at fault, or that they were acting in self-defense.
  • Were you injured? This may seem obvious, but to have a personal injury claim, you must have actually suffered an injury. Typically, this means an injury to your body. Emotional or psychological injury claims are often not available unless you also have a physical injury to your body, and can be difficult to allege and prove.
  • How badly were you injured? The extent of your injuries will affect the value of your claim. The total value will depend on your medical bills and rehabilitation bills for treating the injury, potentially time that you missed from work and were not paid due to your injury, and also compensation for any permanent disability or disfigurement.
  • When did your injury occur? There is a time limit on when you are able to file a lawsuit against someone else that varies by state and sometimes by type of injury you suffered. For example, if you were hurt several decades ago, it is unlikely that your claim will still be valid today. However, there are exceptions and it is important to talk to an attorney who will help you figure out if you can timely file a personal injury lawsuit.


They know how to ask the four questions above to determine whether you have a personal injury claim based on their knowledge of law and many years’ of practice.

Thank you to MartinWren, P.C. for providing their insight and authoring this piece on personal injury.