Whether you have a personal injury case primarily depends on three things:

Liability

There must be liability. This means that you must show that some other person was negligent and that their negligence caused your injuries.  In car accident cases, this can usually be proved if there is a police report finding the other party at fault for the accident. If there is no police report, often times we can prove that you were not at fault for the accident based on your statements of how the car accident happened. However, in more difficult cases, liability may not be as clear, such as a red light/green light dispute or in a slip and fall case.  As your personal injury attorneys, our job is to advocate for you and determine whether the facts of your case prove that the other party was at fault.

Available Insurance 

In car accident cases, settlements will almost always come from the car insurance companies. We will conduct an investigation to identify the other party’s insurance company and discover all possible available insurance policies that apply to your personal injury claim. This could be a standard automobile insurance policy or potentially a homeowners insurance policy or umbrella policy.  In some cases, the defendant is uninsured, which means that they did not have any insurance at the time of the accident. In those cases, we can make the claim against your own insurance company in what’s called a “uninsured motorist claim.”

Damages

In order to have a personal injury claim there must be damages. This includes things like medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and emotional distress. If you have sought any kind of medical treatment for your injuries, then you already have proof of your damages.

If you have all three of the above, then it’s not a matter of whether you are entitled to compensation, it’s a matter of “how much.”

Are you wondering if you have a personal injury case? Contact us today.

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