A bad car accident can leave you wondering what you can do to get your life back on track. If an accident that wasn’t your fault left you with damages, you may have a personal injury case. It all depends on qualifications and proof. Before your appointment with one of the personal injury attorneys at Springer & Lyle, here are some things to think about when wondering if you have a case.
Determining Who’s at Fault
One key factor in determining if you have a personal injury case is proving you were not at fault. There shouldn’t be reason for the judge to think you could have avoided the accident. This is where your evidence will come in handy. Video recordings, photographs, police records, and verbal statements made at the scene from the other driver can help prove who is at fault. You should also keep the contact information on witnesses that may need to testify or give a statement. Your attorneys will want to speak with them.
To answer the question “Do I have a case?” you need to look at three qualifying factors. The defendant (responsible party) in the potential case must have been negligent, the negligence must have been the cause of the injury, and the injury must have resulted in harm. Think about what happened to you on the day of the accident and after. did you miss work? Did you have medical testing and treatment? Was the other driver at fault, texting or intoxicated? If you think your accident fits this description, you need to work with a personal injury attorney to file a claim.
Compensatory damages are one of the main sources of remedy in a personal injury case. They are also another way of determining if your personal injury is suitable for court. These are types of damages resulting from injuries that are frequently deemed as compensatory damages:
- Medical Treatment
- Pain and Suffering
- Lost Income
- Emotional Distress
- Loss of Property
- Loss of Quality of Life
- Physical impairment
- Scarring and Disfigurement
- Wrongful Death damages
Value of Damages for Personal Injury Cases
All cases are different and each case has a potentially different value based on all of the facts and circumstances. Venues are different too and some counties are more conservative than others. If you see a personal injury attorney at Springer & Lyle, they will help you determine if you have a case that needs legal assistance and offer their opinion on whether it should be pursued.
Keep Good Records
Everything you’re asking for should rely on proof. Keep good documentation of your out of pocket expenses. Hold on to receipts for medical bills and the explanation of benefit (EOB) forms that your health insurance company sends you. Keep your photographs and write down what the other driver said after the wreck.