Many people who have been in car accidents contact our firm and ask us if we think they have a case. Here are some things we always look for to determine if a potential client has a personal injury case:
Did you suffer a personal injury (i.e. an injury to your body or mind or an emotional injury)? If the answer is “no,” that is great; you do not have an injury case and, lucky for you, there will be no impact on your quality of life. If the answer is “yes,” your first priority is to get medical attention. You may have a case. However, it is important to note that if you have just suffered property damage, you do not have a personal injury case per se; you may simply have an insurance claim.
You must also have suffered a personal or financial harm that can be remedied by receiving compensation. Some of these harms can include medical bills, pain and anguish, lost wages, lost earning capacity, and associated losses.
Did you receive any medical treatment? The more serious a car accident, the more likely that someone in the accident received ongoing treatment for serious injuries such as back and neck injuries, lacerations, and broken bones. Recovering the cost of medical bills is a key component in any car accident case. If you received medical treatment you might have a case.
Who caused the accident? If you were at fault, then most likely you do not have a case. However, if your injuries were caused by someone else’s negligence, then yes, you may have a case. Negligence is defined as the failure to behave as a reasonable person would have in those same circumstances.
Drunk Driving and Insurance
Was alcohol a factor in the accident? Insurance companies, judges, and juries do not look favorably on drunk drivers who cause accidents. If you were injured by a drunk driver and the driver has insurance, you definitely have a case.
Does the at-fault party have insurance? If they do not, you may still have a case if you have uninsured/underinsured motorist coverage on your policy.
Were the police called? Did the police file a crash report? If you were not at fault and a crash report was filed, then you might have a case. A crash report is key evidence in determining what happened. Given that these are filed by law enforcement, they are legitimate and viewed as such by the courts.
Car Accident Attorneys
If some or all of these elements are present in your incident, you may have a valid personal injury claim. Attorney Michael P. Fleming has 30 years of experience helping folks in Houston and throughout Texas who have been injured in auto accidents or by the negligence of other drivers. Contact us today with any questions you might have about your unique car accident. We can help you fight for the compensation you deserve. 713-221-6800.