Accidents usually result in chaos and confusion, especially if you were injured. Knowing the right questions you need to ask, and how to protect you and your loved one can be difficult. One of the questions that could be ringing in your head is, ‘Do I have a case?’ Luckily, the auto accident lawyers in Douglasville are here to answer your question.
If you’ve been in an accident, it is normal to wonder if you can pursue a legal claim against the person who harmed you. Many factors will determine if your case is valid. Although it’s important to also speak with an attorney, understanding these fundamental factors is crucial in moving forward and understanding your rights.
Questions That’ll Help You Determine If You Have a Case
Below, you’ll find questions you need to ask yourself before taking legal action against someone who might have harmed you. The answers to these critical questions can help you determine if you have a case or not.
Is There Liability?
The first question you’ll need to ask yourself is if there is a liability. Is there a potential defendant that’s responsible for your injury? Just because you were hurt doesn’t mean you automatically have a case. In most cases, there’s negligence which means someone acted irresponsibly or neglected their duty of care.
This negligent action must have caused you some harm. Therefore, you can pursue a case against the at-fault party. An example is if you’ve been in an accident where another driver was speeding, broke traffic laws, and hit you.
Since there’s a liability, you might have a case. Auto accident lawyers in Douglasville can help you find that out. The following must be evident when establishing liability:
- The Responsible Party Was Negligent: An example is a driver who crashed into your car because they ignored a stop sign. In such a case, the law considers the driver a negligent party.
- The Negligence Resulted in an Injury: If you sustained a broken arm, whiplash, or other injuries because of the accident, the driver is liable for your damages.
- The Injury Resulted in Damages: Your injury resulted in compensatory damages like medical bills, lost wages, and other expenses.
Can We Prove the Case?
Once there is a liability, you need to be able to prove your case. Simply knowing someone is responsible isn’t enough; you must also prove it to the jury. Sometimes, the defendant doesn’t accept that they’re at fault and pushes the blame on you. That’s why there must be evidence should the case goes to court.
The best auto accident lawyers spend a lot of time gathering testimonies, documents, and records that can prove to the jury how the accident occurred. They also show how the defendant could have avoided it by acting responsibly.
You have proof if you took images of the crash scene or if the police report reflects that the other party is at fault. But, on the other hand, if all you have is your intuition and no evidence to support your claim, you don’t have proof.
Can You Recover Compensation?
Even if you have all the correct answers to these questions, your case might not be worth it if the at-fault party has no resources you can go after. An example is an auto accident where you have evidence that the defendant committed a hit and run.
If the defendant has no insurance and is unemployed, you might not be able to collect compensation even if you win. In some cases, the defendant simply declares bankruptcy.
If the defendant is a private party or owns a company, insurance might be available to compensate you for damages. However, there are times when some factors bar you from making a claim, like government entities’ immunity. Therefore, discussing the possibilities with auto accident lawyers in Douglassville is always right before pursuing a hopeless case.
Does the Potential Recovery Surpass the Lawsuit Costs?
Another crucial question to ask yourself is, ‘is it worth it?’ You’ve been injured, and you know it’s someone’s fault. Although it seems like a no-brainer, it gets even more complicated. Even if you have the evidence to support your claim, it might not be financially wise to pursue the claim.
You need to try to learn how much you can potentially recover if you win the case. Douglasville auto accident lawyers can help you make these estimates. Some of the damages you can effectively recover include lost wages, medical expenses, pain, and suffering, etc. Your auto accident lawyer can also estimate the potential costs of pursuing a lawsuit.
Compare them sideways and consider if you would get any compensation after all the expenses. You can go ahead with the claim if the potential recovery outweighs the cost and inconvenience of pursuing the case. However, if nothing will remain after the claim and there’s nothing to compensate for the emotional and physical strain of the lawsuit, then it’s a bad case.
We know you’re not in it for the money, and you might be seeking closure from the accident or trying to ensure the same doesn’t happen to others. However, you also have expenses to cover, and you’ve sustained injuries that have caused you pain and suffering. Going through a lawsuit that leaves you with a mountain of bills afterward and nothing to show for your efforts only adds to the suffering.
What About the Statute of Limitations?
Personal injury claims are subject to a Statute of Limitations. This is the period you can take legal action against the negligent party. For example, Georgia laws state that you have two years from the time of injury to file a lawsuit against the responsible party.
Most people are unaware of this, so while they have a valid case, they might have missed the Statute of Limitations and can no longer file a claim. Therefore, ensure you get a personal injury attorney to determine whether the Statute of Limitations has expired or you are still within time.
Got Questions? Contact Auto Accident Lawyers in Douglasville Today
Every case is different. Therefore, the answer to ‘do I have a case?’ differs for everyone. Unfortunately, there’s no way to know for sure till you speak to Douglasville injury attorneys. Our lawyers have vast experience with these cases and would be able to help you determine if you can take legal actions against another party.
Remember that the Statute of Limitations clock isn’t on pause. Once it expires, the court will dismiss your case. Therefore waste no time contacting us at Hartley, Rowe, and Fowler.
We will help you take action immediately if you have a case to ensure you get the compensation you deserve. So contact our Douglasville injury attorneys today to find out if you have a case.