If you’ve been hurt because of someone else’s carelessness, you might be wondering how to know if you have a personal injury case. Consulting a personal injury lawyer can help you navigate the legal process and determine if you’re entitled to compensation for your injuries. 

At Craig Swapp & Associates, we’ve worked with clients across Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona – and our injury lawyers have helped victims understand when they have a valid personal injury claim and how to fight for their rightful compensation. 

We’re here to simplify the steps involved in the claims process, such as the key elements that help answer the question: “How do you know if you have a personal injury claim?” 

Understanding Negligence in Your Personal Injury Case

Negligence is typically the foundation of any valid personal injury claim. To have a valid personal injury, you must establish that someone else failed to act with reasonable care under the circumstances, causing harm. 

Common examples of negligence in accidents include:

  • A driver who speeds, texts behind the wheel, or drives under the influence could be found negligent if their actions lead to an accident.
  • A property owner may be negligent if they fail to address dangerous conditions (e.g., uneven walkways, broken handrails, icy sidewalks) that cause a visitor to slip and fall.
  • Healthcare professionals who make mistakes – such as misdiagnosis or surgical errors – may have violated their duty of care, leading to serious harm.
  • Manufacturers or sellers who produce or distribute defective products may be responsible for injuries caused by design, manufacturing, or marketing defects.

To determine if negligence applies in your situation, you’ll want to consult with personal injury lawyers who understand the nuances of each state’s laws. An experienced personal injury lawyer can help you prove that the other party owed you a duty of care, breached that duty, and directly caused your injuries.

Assessing Comparative Negligence System in Your State

When determining whether you have a personal injury claim, it’s also essential to consider the concept of comparative negligence. In many states where Craig Swapp & Associates serves, the personal injury law dictates that your compensation may be reduced if you share liability for the accident.

  • Modified Comparative Negligence States (e.g., Utah, Colorado, and Idaho): If you’re found to be 50% or more at fault in some states (or 51% like Colorado), you may lose your right to recover compensation. If you’re less than 50% or 51% at fault, your compensation can be reduced proportionally to your degree of fault.
  • Pure Comparative Negligence (e.g., Washington): Even if you’re mostly at fault, you can still recover damages, but they’re adjusted according to your share of responsibility.

Your personal injury lawyers can explain how to know where you stand with comparative negligence. This is vital because even if you contributed in some way to the accident, you may still have a path to compensation.

Proving Your Suffered Damages

Even if it’s evident that someone acted negligently, you still need to demonstrate actual harm or damages to have a valid personal injury claim. 

Personal injury damages may include:

  • Medical Expenses: Emergency room visits, surgeries, rehabilitation sessions, prescription medications, and ongoing treatments.
  • Lost Wages: Any loss of income resulting from your injury, including missed work while recovering and lost future earning capacity if you can’t return to the same occupation.
  • Pain and Suffering: Non-economic damages, such as the mental anguish, physical pain, and emotional distress you’ve endured.
  • Property Damage: Damage to personal belongings or property, such as your vehicle in an auto accident.

To build a valid personal injury case, it’s crucial to document these damages thoroughly. Keep copies of medical bills, receipts, pay stubs, and any communication related to your treatment or inability to work. Consulting injury lawyers early in the process can help ensure you’re capturing all of these important details.

Estimating the Value of Your Personal Injury Case

A core question many victims have is, “How much is my valid personal injury case worth?” 

While there isn’t a universal formula, an accurate estimate accounts for:

  • Severity of Injuries: Catastrophic injuries often increase medical bills, reduce earning potential, and cause more pain and suffering.
  • Impact on Daily Life: If your quality of life is significantly affected – physically or emotionally – this may justify additional compensation.
  • Liability: The clearer someone else’s negligence, the easier it may be to secure a fair settlement.
  • Insurance Policy Limits: In many cases, the at-fault party’s insurance coverage plays a significant role in determining the final settlement.

How do you know if you’re receiving a fair offer from the insurance company? That’s where experienced personal injury lawyers are indispensable. 

Gathering Evidence to Strengthen Your Claim

Once you decide to pursue a valid personal injury claim, strong evidence can make a significant difference in reaching a favorable outcome. 

To bolster your case, consider collecting:

  • Photographs and Videos: Capture the accident scene, your injuries, and any property damage.
  • Witness Statements: Gather contact information from people who saw the accident or can attest to the hazardous conditions.
  • Accident Reports: Police or incident reports can offer an official perspective on what happened and may indicate who was at fault.
  • Expert Opinions: Medical professionals, accident reconstruction specialists, and other experts can strengthen your argument for negligence and damages.

Working with injury lawyers early ensures you’ll properly preserve and present evidence. This is another way a personal injury lawyer will help you know if you have a strong chance of success.

Considering the Statute of Limitations for Personal Injury Claims in Your State

Each state sets a statute of limitations for filing a valid personal injury claim. This legal deadline restricts how long you have after the incident to file a lawsuit. 

How do you know if the statute of limitations has expired?

  • Utah: Generally allows 4 years to file most personal injury lawsuits.
  • Idaho: Typically grants a 2-year window from the date of the injury.
  • Washington: Usually 3 years for personal injury cases.
  • Montana: 3 years as well for injury lawsuits.
  • Oregon: Typically 2 years, though there are exceptions for certain claims.
  • Wyoming: Usually 4 years for most personal injury suits.
  • Colorado: Typically 2 years from the date of the injury.
  • Arizona: Generally 2 years from the date of injury.

Since these timelines can vary – and certain scenarios may pause or extend the deadline – it’s crucial to speak with a personal injury lawyer right away. Missing the deadline means forfeiting your right to compensation, no matter how strong your valid personal injury case might be.

Consulting a Personal Injury Lawyer to Determine Your Case’s Validity

When you have a personal injury case, trying to handle everything alone can be overwhelming. An experienced personal injury lawyer can help you identify how to know whether you have a valid personal injury claim and guide you through every step of the legal process – from filing your case on time to negotiating or litigating for a fair outcome.

If you suspect someone else’s actions caused you harm, don’t delay in seeking legal advice. At Craig Swapp & Associates, our injury lawyers are dedicated to evaluating your potential valid personal injury claim and guiding you through the next steps. 

Call us at 800-404-9000 or contact us online to schedule your free consultation.