Generally, the law provides the opportunity for people to obtain compensation if someone else has harmed them. For example, if you have been physically injured as a result of a careless or negligent act, then you may have the right to claim compensation for your injuries. If your company or business has been harmed by the actions of another, you may have the right to seek damages. If you have been wrongfully terminated from your job, the law may provide you the ability to obtain damages and other forms of relief, such as reinstatement.
Every case is different and whether you have a valid claim depends upon the specific facts of your particular case as well as the applicable law. This is why it is important to consult with the experienced attorneys at Upton Law Firm to discuss potential claims you may have.
Some of the key issues in establishing a claim include:
Who is at Fault – Liability
Can either an individual or organization be held legally responsible for your injuries, damages, or losses? Are the facts sufficient enough to prove that an individual, or organization, was in whole or in part at fault for your injuries, losses or damages? In many states it is still possible to claim compensation even if your own actions may have been partly to blame for your injuries, losses or damages. Sometimes the law does not allow a claim to be brought against certain people. Knowing which laws are or may be applicable (or inapplicable) to impose liability is critical to evaluating whether a viable case exists.
The Nature and Extent of Damages
Even if you think someone has acted improperly, the injuries, losses and damages stemming from those improper actions may be minimal. The cost to bring a lawsuit may be more than what you could recover in damages.
Time Limits – Statute of Limitations
Every potential claim has a statute of limitations or a “window of time” in which you are allowed to file a lawsuit. These time limits vary widely depending on the state in which you live and on the nature of your case i.e. does you claim involve an auto accident injury, medical malpractice or product liability claim. Does it involve a breach of contract? Does it involve wrongful employment termination? There are also circumstances where you must provide early notice of your claim, such as when a governmental entity is involved. Knowing the time limitations applicable to your claim is critical because if a claim is not brought before the statute of limitations has run or proper notice has not been provided, your claim is likely to be barred forever.
Your Best Interests – Will the potential damages outweigh the costs?
Even if you have sustained injuries, damages or losses, and even if it is apparent that someone else caused those injuries, damages or losses, bringing a lawsuit may not always be in your best interest. Lawsuits take significant time and energy can take their toll on the parties involved, financially, emotionally, and sometimes physically. At Upton Law Firm, we put the interests of our clients first and if we believe the potential cost of going to trial or bringing a lawsuit are not in your best interests, we will let you know so that you can make an informed decision about your case.