The truth is, a lawsuit should not be filed every time you are injured. An experienced personal injury attorney will be able to help you assess your options when you are injured. There are times when you may be injured through no fault of your own. When that happens, it is certainly understandable to want someone to pay your medical bills and pain and suffering. Unfortunately, not every injury leads to a viable lawsuit.

The most common reason for this is an “Act of God”. For example, if you are walking on the sidewalk in your neighborhood and suddenly lighting strikes a tree causing a branch to fall on you, chances are, you have suffered a significant injury. While it might be tempting to sue your neighbor under his homeowner’s insurance, more than likely, that claim would not be permitted because your injury was caused by an “Act of God” and not anything that your neighbor did wrong. In another example, if someone intentionally strikes you with his car or intentionally injures you while you are on his property, the insurance company likely will not cover your claim. Most insurance policies contain an “intentional act” exclusion – the insurance company is not responsible for the intentional acts of their insured. Similarly, it is difficult to obtain insurance coverage for injuries caused by the criminal acts of third parties (unless the property owner knew of such criminal acts beforehand). In yet another example, if you fall on a neighbor’s property due to ice or snow, you may not have a valid claim if that ice or snow was a natural accumulation.

There are certainly exceptions to the above examples which is why it is important to seek advice from a personal injury attorney immediately following an injury. If you are in a situation where there is no insurance coverage for your injury, you are left with suing the individual himself. As you can suspect, oftentimes, such individuals do not have the financial ability to come close to paying for your injuries. In these situations, a lawsuit is likely not a good option.

More often than not, if you are injured as a result of someone else’s negligence or fault, you are entitled to compensation. A personal injury attorney can evaluate the specific facts of your case and determine if there are any viable legal theories to file a claim. The most common injury lawsuits center around automobile accidents, trucking accidents, pedestrian accidents, motorcycle accidents, bus and taxi accidents, falls on property, dangerous products, dangerous drugs and medications, nursing home neglect, medical malpractice, toxic torts, and chemical burns. Your Missouri personal injury attorney will know the applicable laws that will help you with your claim.

Going back to the above examples, if your neighbor repeatedly refused to trim or remove a dead tree and thus, was responsible for the weakened tree branch that day, he might be responsible. If the insurance company knew of prior intentional acts of the driver or prior intentional acts of the owner, you might have a valid claim. And again, if the property owner knew that his property had a history of violent or criminal behavior or if the owner was actually involved in the criminal behavior, the above exclusions would likely not apply. The above examples are illustrations of a variety of possible scenarios but are not meant to serve as an account of the law. There are many factors that go into assessing whether a lawsuit can be filed. If you are in a position where you have questions about whether or not you can file a lawsuit, you should seek the advice of a personal injury attorney.

If you or a loved one has been injured due to the fault of someone else, you need a St. Louis personal injury attorney. For a free consultation, please call Lindsay Rakers, Missouri injury lawyer, at 800.517.0602 or visit us at www.injurylawmissouri.com. We only get paid if we obtain a settlement or verdict for you.