A lot of people are injured each day and some never sue the responsible party. This can happen for many reasons, but it often happens because people do not realize they have a case. If you were recently injured in a car accident and do not know whether you should sue, you should seek advice from a personal injury attorney. This is the only true way you will know whether to proceed with your case or not, and to find out if you have a case, a personal injury lawyer will ask you three main questions.
Were You Injured?
Suing someone with a personal injury lawsuit is only an option if you have suffered injuries from the incident. While this is not the only important factor needed to sue and win a case, it is an extremely vital part of a personal injury case. You cannot sue someone if you were not injured by their actions.
When a personal injury attorney asks you this question, you should clearly state how you got what injuries you have and to what extent they are. If you believe the injuries will be long-term or lifetime injuries, make sure you tell the attorney.
In addition, the attorney may want to see proof of your injuries. If so, you can prove your injuries by providing copies of all medical bills and statements you received.
Do You Have Proof The Other Party Is Responsible For The Accident?
If you have injuries from the accident and can prove that you do, the attorney may proceed to the next question, which relates to the party at fault for the accident. In most states, you will not have the right to sue another party if you are the at-fault driver in the car accident. If the attorney finds evidence that suggests you caused the accident, he or she is likely to tell you that you do not have a case.
On the other hand, if you have proof that shows the other party was responsible for it, you may have a case. It is often easier to win a car accident case if the other party was doing something wrong when the accident took place. This can include the following:
- Driving while under the influence of alcohol or drugs
- Driving without a valid license or insurance
- Texting while driving
- Being distracted in any way that would have led to the accident
Lawyers ask this question to determine if negligence is present. A personal injury case requires negligence in order to win. The attorney may also want to know the date of the accident to make sure you still have the right to sue. Each state has statutes of limitations, which is a set of guidelines that tells you how much time you have to sue after an accident takes place.
Did You Suffer Emotionally?
Personal injury attorneys are also interested in emotional injuries. If you have a case so far with the first two questions, the lawyer will want to know how this accident has affected your mind. If you feel that this accident has affected you emotionally, it may be a good idea to keep a journal. You can write down how you feel in the journal, and you can list things that you can no longer do.
If you have been keeping a journal since the accident, show it to the attorney. This could serve as evidence in your case.
If you would like to find out if you have a good, solid case, contact a personal injury attorney. He or she can discuss the case with you, and this will help you know what to do next.