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How can I know if I have a valid personal injury claim?

A car accident can suddenly interrupt and change your life, and the aftermath can be both overwhelming and frustrating. In the days and weeks to follow, you must decide how to move forward, and if you are seriously injured, how you will pay for the medical treatment that you require.

A personal injury claim is always a beneficial option for individuals who suffered because of the recklessness or negligence of another person, but how do you know if you have a valid case? The civil claims process is complex, and it is not always easily discerned who is at fault and liable for your pain and suffering.

Whose fault is it anyway?

It can be useful to understand the concept of fault and liability when deciding if you should pursue a civil claim. While there are many factors and circumstances that may have played a role in your Rhode Island accident, common law generally considers the four following types of fault:

  • Blatant recklessness
  • Negligence
  • Intentional wrongdoing
  • Strict liability

Strict liability plays a role in cases in which there are rare circumstances involved, such as when defective auto parts caused an accident or particularly dangerous road conditions caused a crash and left innocent motorists injured. Strict liability could factor into your case, even if there is technically no one to blame.

Negligence is inadvertent and unintentional wrongdoing, but drivers can still be accountable for the consequences of this type of behavior. Reckless behavior may include unnecessary actions such as texting while behind the wheel, speeding and more. In cases involving blatant wrongdoing, such as drunk driving, it is not complicated to determine who is at fault.

What are my rights after an accident?

You should never have to suffer due to the negligent or reckless actions of another person. Many victims never explore the option of a civil claim because they believe it is too complicated or they are unsure of the circumstances of their accident. In reality, it is always worthwhile to know your rights. If you do have a rightful claim to compensation, you could receive restitution for the following:

  • Medical bills
  • Therapy and rehabilitation
  • Lost wages from missed work
  • Damage to your vehicle
  • Other accident-related losses

Whether it is fighting insurance or understanding the legal options available to you, you may benefit from the guidance and counsel of an experienced personal injury attorney. Your full recovery is important, and your legal ally can advocate for your interests and fight for what you deserve after a car accident.

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