When To File A Personal Injury Claim

Photo by Takahiro Taguchi on Unsplash 

One of the worst things that can happen to you or to someone you love is having an accident, and to be specific, personal injury. Thankfully, I haven't yet experienced this and hopefully will never will. But whenever I hear this topic, the movie, "Erin Brockovich" comes to mind because the movie basically starts with the protagonist (Erin) having involved in a road accident and then a law suit followed. 

So since I used Erin Brockovich's road accident as an example, let's focus on that topic. Before you go to court, what do you do when you get a personal injury? 

First of all, you have to ask yourself, "Am I hurt? Is someone else hurt after the accident?" If there was no one hurt, or there was no damage to you (no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim. But if you are inside the vehicle at the time of accident, be sure to go to the doctor to have you checked up and hear from the doctor himself/herself that you are fine and clear of any risk. 

On the other hand, if one or more of the following happens to you, then it's time to look for an attorney: 

Broken bones/hospital stay/long-term health affected

Someone died in the accident

Expensive medical treatment costing more than a couple thousand dollars

Missing more than a couple days work, school, or normal activities due to the accident

Non-economic losses like emotional trauma, pain and suffering, loss of companionship

There is dispute over whose fault the accident was (which what happened in the EB movie)

Multiple people were harmed in the accident

The accident took place in a construction zone or other questionable areas

The paperwork does not look accurate (police report, insurance communications, etc.)

Details are complicated (technical, legal, medical, etc.)

The insurance company is making life difficult for you or not playing nice.

So you've decided to hire an attorney for your personal injury claim, what will happen next?

According to an article from Kinney, Fernandez & Boire's website, once the client finds the right lawyer, they should meet to discuss their case, after which it will be time to file the lawsuit. Doing so involves submitting paperwork and paying specific court fees. Additionally, the client will work with their attorney to determine the compensation that they are pursuing in their lawsuit. Establishing a number should be based on the facts of the case, and help set realistic expectations. For instance, suing someone for $1 million in damages due to a personal injury caused by another person’s negligence is sensible if the facts support such an estimate.

Are there other instances where personal injury claim falls under?

Yes and another instance would be allergies, which covers the food and beverage industry (e.g. restaurants). For example, you are allergic to peanuts. You decided to eat in a restaurant and you ordered a tuna sandwich because the menu didn't say that it has peanuts in it or there weren't any allergen warnings.  If you had an allergic reaction after eating the sandwich you ordered, then it's time to look for an attorney to help you with the case. In some cases, you may also need an allergy specialist for a consult and Dr. Summit Shah is a well-known allergist in the Ohio state. You may also check ACAAI's website to look for an allergist near your area.