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Auto accidents can be traumatizing events. Once you are able to process what has just occurred and realize you are hurt, you may ask “Do I have a case?’
Liability – Many times you can immediately determine if the accident was caused by someone else such as another motorist who obviously violated a traffic law. It is not uncommon, however, for the other party to claim you were at fault so that you may need a statement from an unbiased witness regarding fault.
Property Damage – If you have minimal property damage, your claim may be suspect since this indicates a low-impact accident and the defendant’s insurer will be skeptical. Cases like this demand the knowledge of a skilled car accident attorney who can effectively present your claim.
Responsible Parties – The majority of car accident claims are presented against the defendant party’s insurer. If the other motorist lacked auto liability insurance, then you may proceed under your own policy’s uninsured provisions, if you have coverage.
If there were multiple vehicles involved, then fault may need to be apportioned. Occasionally, you may be determined to be comparatively negligent. Depending on the state where the accident occurred, if your degree of fault is less than 50 percent, then you can maintain your claim although its value will be reduced according to the degree of your culpability.
A vehicle defect that caused the accident may be ground for a product liability claim and you may sue the car’s manufacturer. In some cases, an incompetent service station service job may have lead to faulty brakes that caused your accident.
In highway defect cases, a municipality can be liable if the government entity knew of or should have known about the defect. State law on municipal liability often cap or limit the entity’s responsibility or the amount of damages you can claim. Car accident attorney with experience in highway design defect cases should be retained in this type of case.
Damages – In a car accident injury case, you can recover compensation for your special damages, or economic losses, such as property damage, past and future medical expenses, loss of earnings, and loss of capacity to work. In most states, if you did not have liability insurance on your vehicle, you can only collect your economic losses and not for pain and suffering. Passengers in uninsured vehicles can still collect general damages.
General damages are also known as damages for pain and suffering. This is determined by the nature and extent of your injury and how it affects your engaging in your daily tasks or recreational activities, It also includes any permanent disability, disfigurement or maiming. A Houston personal injury attorney can explain how to maximize your claim’s value to achieve a satisfactory personal injury settlement.
Retain a Personal Injury Lawyer – Whether you have a case or not demands the experience and knowledge of a personal injury attorney. A free consultation with a legal professional can tell you whether you have an actionable personal injury claim.