You just got in an accident and you are hurt. Most people dont know what to do or who to call. We’ve all heard about big dollar settlements from cases where someone was hurt, but probably don’t know one of these people personally. And we probably are not attorneys either so we don’t know the law and what our rights are. So how do you know if you need to hire a lawyer?

Injury cases fall under tort law, and in every type of tort claim, you need to prove two essential points. First, was there liability on the other party’s part, and second do you have any damages? If you feel that either of these is the case, you should get legal advice before signing anything. If you don’t know an injury attorney personally, look on the internet for a local one. You can check on their credentials at Martindale Hubbell, and see if they are peer-review rated or not. This will give you some good references to start with before even talking to a single lawyer. But remember, in your case, you have to prove the liability & damages in court.

Car accidents are very common, and also the most common occurrence of a personal injury lawsuit. To win your case, you need to establish negligence on the other party. If you are in a fault state, proving the negligence comes by establishing that reasonable care was not displayed by the other driver. When you get in a car to drive, every driver has a responsibility to exercise reasonable care. If the other driver injures you as a result of driving recklessly or breaches their responsibility to exercise reasonable care, then you can sue them under the law. Some states have passed no-fault laws, so make sure that you consult with an attorney to see what the personal injury laws are in your state.

Strict Liability is another basis for a personal injury claim. It is a growing area of tort law and is gaining importance. If a product is defective and you are injured by that product, you can sue the manufacturer or designer as they are strictly liable for any damages or loss caused by their product. Negligence is a different basis, but you do need to prove that the design of the product or its manufacturing process caused it to be dangerous when used normally.

Intentional wrongs are another basis for personal injury claims. But the filings of those cases are rarer. Examples of this are if someone hits you in the face, you might be able to win a lawsuit for battery. Or if you are suspected of shoplifting, and the store wrongfully detains you, you might be able to win a wrongful imprisonment lawsuit. Remember, this is civil damages not criminal charges.

Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits dont make it to court, and are settled before that happens.

What is the statue of limitations for that type of case? Every state is different & the time limits you have to file a case are different for the kind of cases you are filing. You have a specific amount of time to file a personal injury case, so you need to know what that is. For example, you might have only one year to file an auto accident case. Once that time is has passed, your case can be thrown out of court.