How To Know if You Have a Car Accident Case

Telare Law

Car Accident Lawyer


Car accidents can be devastating to everyone involved. If you recently suffered injuries or damages due to an accident at the hands of a negligent driver, then you may have a personal injury claim. Here is what you need to know to determine if you have a case.

Did You Suffer Damages?

To have a personal injury claim, you have to suffer damages. In personal injury claims, you have general compensatory damages and special compensatory damages. General compensatory damages include mental anguish, pain and suffering or loss of companionship.

Special damages, on the other hand, include household expenses, loss of future earnings, lost wages, medical bills and the costs of future medical care.

If you didn’t suffer any damages, then you cannot file a claim. For example, even if another driver acted negligently and caused a car accident, but your vehicle suffered no damage and you suffered no injuries, you cannot file a claim against him or her.

Were You At Fault?

After damages, you have to determine who was at fault. In some car accident cases, it can be complex to determine fault. It is possible that both drivers had some percentage of fault, like a lawyer such as a car accident lawyer from a law firm like Greenspan & Greenspan P.C would advise. For example, if you weren’t wearing a seatbelt at the time of the accident, some of your injuries could have been due to the lack of a seatbelt, in addition to the accident. If this is the case, you may lose a percentage of the claim. In some states, even if you have some percentage of fault, you can still file a claim. To prove that you were not at fault, you need evidence.

Do You Have Evidence?

To file a claim, you should collect as much evidence as possible. Evidence includes witness statements, photographs of the scene, medical bills, and other costs associated with your accident. In addition, you should request any copies of the police report associated with the accident. In some cases, the police will have determined fault, and you can use this to your advantage in a personal injury claim. Bring all of your evidence to your lawyer’s office upon your first consultation.

If you were recently in an accident and the other driver was at fault, you should consult with a car accident lawyer as soon as possible because you may be entitled to compensation. He or she will lead you through the steps to file your claim and help build your case.