How Do I Know If I Have A Legitimate Claim?

Lipcon, Margulies, Alsina & Winkleman, P.A

If you have been hurt and are considering making a claim for damages, you need to determine if you have a legitimate claim or not.

When it comes to getting compensation for loss, you must know what laws apply to your particular type of injury. Different legal rules give victims the right to make claims for compensation, depending on how their injury happened.

Lipcon, Margulies, Alsina & Winkleman, P.A. can help you to understand what you must prove to have a successful claim for compensation. Talk with a maritime accident lawyer or catastrophic injury attorney at our firm today to understand what rules apply to your type of injury.

How Can You Tell if You Have a Legitimate Damage Claim?

In many standard personal injury claims, such as a claim made after a car accident, yours is legitimate if someone caused you to get hurt by driving in a negligent or careless way. Negligence is the key issue for auto accidents, malpractice claims, slip and falls, and many other kinds of cases, including most cruise ship accidents.

In claims based on negligence, you must prove that a defendant owed you a duty. For example, cruise ships have a duty to make sure that reasonable precautions are taken to prevent passenger drowning incidents. If you can prove the defendant was negligent in fulfilling his duty, and that this negligence was the direct cause of harm to you, you have a legitimate claim and should be able to get compensation.

In some types of personal injury claims, however, a different standard applies. For example, if you got hurt due to a product defect, strict liability rules could apply. Under strict liability rules, a product manufacturer is responsible, regardless of negligence, if a consumer is hurt while using a product as intended. This means you have a legitimate claim if you can show a link between your injuries and your use of a product that turned out to be dangerous.

In other cases, special laws apply that take the case outside of the standard personal injury framework. For example, if you are a seaman who gets hurt on the job, you might be able to make a Jones Act claim.

Under the Jones Act, you should have a legitimate claim for compensation if you are an eligible seaman who sustains a work injury. Medical and living expenses, called maintenance and cure, have to be paid in almost all cases after an injury at sea, and injured seamen may also be eligible for additional compensation if an employer was negligent and/or a vessel was unseaworthy. A seaman should be eligible to make a Jones Act Claim if at least 30 percent of work time is spent at sea.

Getting Help from a Maritime Accident Lawyer

Understanding the rules for different kinds of injury claims can be complicated. Talk with a maritime accident lawyer or catastrophic injury lawyer at Lipcon, Margulies, Alsina & Winkleman, P.A. to find out whether you have a valid damage claim. You can schedule a free consultation with our legal team at any time to get advice on your position to pursue compensation for loss.