Do You Have A Case?

 Posted on January 05, 2017 in Personal Injury

If you've been in a car, slip and fall or other accident and want to make a claim, probably the first question you will have is "Do I have a good case?" There are several factors to consider when answering this question. They include:

• Is the other person at fault? If the accident was caused by someone's negligent or intentional act, you can make a claim. But don't give up making a claim just because you were partly at fault for the accident. In most states, accident victims can recover money even if they were partly to blame for an accident.
• How badly were you hurt? To get money for your accident, you must have "damages." Damages include many things, like money you lost from missing work, medical bills, and your pain and suffering. Even if right after the accident you did not feel badly hurt or think you did not suffer "damages," you still may have a good case. That's because some injuries take time to develop. Since all your injuries may not be known for a long time, consult a lawyer after your accident, even if your injuries seem small. Your lawyer will protect your rights if they get worse.
• Can you collect? Even if the other person is at fault and you did suffer damage, your victory has value only if you are paid. Thus, before you make a claim, be sure the other party has money, property or insurance so you can collect if you win. But remember there can be many sources for recovering damages. So don't give up a claim just because the person who caused the accident cannot pay. There may be other parties responsible for paying, like the person's employer. Also, your own insurance may pay.
• Are you within the time limit to make a claim? Laws set deadlines to make claims. If you wait too long and the deadline passes, your case will be dismissed, no matter how strong it is. If you are in an accident, consult your lawyer to find out if you have a good case. Many accident victims mistakenly think their case is weak when in reality it is strong. Getting legal help promptly after the accident will help make sure that if you do have a good case, you receive the maximum recovery for your injuries