Helping you figure out if your personal injury case is worth pursuing in Atlanta, GA.
This is the very first question that many clients ask. If you have suffered an injury due to the negligence of another, how do you know if you have a case worth pursuing? In general, the law provides the opportunity for individuals to be compensated if they have been harmed by the negligent actions of another. However, every case is different and whether or not you have a valid claim depends on the specific facts of your individual situation. In general, to recover monetary damages, you must be able to prove the following:
- Liability – who is at fault. Was someone else liable for the accident? If someone crashes into you and causes you injury, then they are liable. If a driver in front of you stops suddenly and you swerve to miss them and go into a ditch, they are not liable. You are liable in this case because you did not leave enough room between you and the car in front of you should they stop suddenly.
- Damages caused by the liability – were there damages caused by the liability? If you suffered broken bones as a result of being hit by another car, then there are damages. If you are involved in a major accident but walk away unharmed, then there is no case, because no matter how great the other driver’s liability was, if you have suffered no injuries, then there are no damages to pursue.
- Is there a source for recovery? – If it was a car accident and the liable driver had car insurance, then there is a source for recovery. If he had little or no insurance, but you have uninsured/underinsured motorist coverage, then there is a source for recovery. If neither of you had insurance, then there is no source for recovery, no matter how great your injuries.
In addition to the above, you must also be aware of the Statute of Limitations. You only have a certain amount of time to file a lawsuit from the time of the incident. This time limit differs based on various factors, such as what state you live in and the type of case. If you do not file suit before the statute of limitations has run, then you cannot file suit, irregardless of how badly you may have been injured.
These are just some of the factors involved in determining if you have a case or not. Of course, in many instances the situation might not be so clear cut. Many times cases involve more complex issues that require experienced legal analysis. This is why you need an attorney to assist you in determining the elements of your individual situation. Our attorneys here at the Bennett Law Group have years of experience in representing accident victims. We focus our practice on helping those who have been injured through no fault of their own. Please contact us today to schedule a free consultation so that we can discuss the details of your case. You can contact us online or call us at 404.541.9330. We look forward to your call.