Personal Injury: When to Sue?

A folder with the label Health protectionA legal claim can be made through a personal injury insurance action or lawsuit and it lets a victim recovery compensation for damages. The purpose of this claim is to allow the victim to recover in the form of lost wages, medical expenses, and emotional distress (pain and suffering). Not every injury can give a rise to a legal claim. Some injuries are attributable to genetics, age, and even an inevitable accident wherein no one’s really at fault. However, when another entity or person is legally at fault for the incident that led to your injury, then you may have a valid legal claim and grounds to sue. Here are the important factors to keep in mind:

What You Need to Have a Case

It is essential to prove that the person you are making the claim against was really negligent. This means that they breached a legal duty that was owed to you and that this breach led to the accident and injuries. You must also prove that you suffered actual damages due to the injuries. Not every injury case will come down to whether or not the other party was negligent. Some injuries are caused by a defective product, an intentional act, or a workplace accident and each claim follows different rules.

What Types of Evidence Are Necessary to Prove a Claim

There are different types of evidence necessary to prove a claim. These include:

  • For car accidents: police report documenting cause and circumstances
  • Eyewitnesses’ statements (when, where and how the injury occurred)
  • For a slip and fall: incident report prepared by a restaurant, store or other businesses
  • Photographs and other types of evidence from the accident scene
  • All medical treatment documents associated with the injury
  • To support a lost wages claim: Documentation of missed days at work and typical income
  • Testimony from a medical expert or doctor about the cause of your injury

When to Consult a Lawyer

Knowing if you have sufficient evidence to bring a lawsuit can be a gruesome process and tricky, too. If you are not sure on which evidence you would need and how you can acquire it, it’s best that you seek advice from a professional personal injury attorney. An experienced attorney will help you determine whether you have a valid case and how you can prove it.


Contact Conte & Associates at 1-877-614-0008 for your legal needs.  Based in Vaughan, Conte & Associates works with clients in Vaughan and in the surrounding cities of: Thornhill, Woodbridge, Concord, Kleinberg, Maple and Richmond Hill.


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