Do I Have An Accident Case?

Anytime you have been injured through no fault of your own, you should contact a personal injury attorney to discuss the facts and your particular situation. A personal injury case can range from a car accident to dog bites. There are two parts to a personal injury case. One is liability and the other is damages.

Liability
Liability deals with the cause of the injury. In other words, how did the accident or personal injury happen? If you are the cause of your injury, you likely do not have a case. If someone else caused your injury, whether intentionally or negligently, you may have a case and should contact a personal injury attorney. There may also be a disagreement as to who is at-fault. If this is the case, and you may be partially to blame for your injury, you still may have a case. However, your damage would be adjusted. This is called contributory negligence.

Related: What Is Liability Coverage?

Damages
Damages are the other part of a personal injury case. You must be injured in some way, not your car or property, but you personally. These damages include pain and suffering, lost wages, medical bills, lost services, etc. When I evaluate a case, I rely on other factors such as:

  • The client’s likability as a witness
  • Their credibility
  • The facts of the accident giving rise to the case
  • The extent and permanency of the injuries
  • The client’s age
  • Whether the client missed time from work
  • The identities of the at-fault insurance company and its defense attorney
  • Specific legal or evidentiary issues involved in the case
  • The county or venue
  • Whether the case has been or will be filed in court
  • The amount of settlements and verdicts for similar types of cases that I and other attorneys have obtained in the past

Related: Are Both Damages and Liability Necessary For An Accident Case?

Every case is unique
No two cases are alike, even if the accident or injuries involved are nearly identical. The evaluation of two cases which appear similar on the surface may produce vastly different evaluations and results. Evaluating personal injury cases takes a lot of knowledge, experience and some plain old intuition. Without this experience and training, you may be at a serious disadvantage when negotiating with the insurance adjuster. Unless you are in the business of evaluating and settling personal injury cases for a living, you should look to a personal injury attorney for guidance.

Ask friends
You will be going through a tough time and having the right support around you will be important. Choosing the right attorney will make things easier for you. If you are uncertain where to find a reliable accident attorney in Louisville or throughout Kentucky, you can always ask your friends who you know have worked with an attorney before. It's important to search around or ask friends for referrals.

Related: How Medical Bills Get Paid After a Kentucky Accident

Free consultation
Once you are sure that the attorney is legitimate, schedule a meeting with them. The most important thing is that you feel comfortable with the person because you will have to coordinate with them closely in the months or even years to come. Don't forget that if you were injured and it wasn't your fault, there is a good chance you have a case. You never know what you could get, so be thorough in choosing the right attorney. The Schafer Law Office gives a free consultation so that you can get an answer to your questions without worrying about how to pay for an attorney.

Michael Schafer
The Personal Injury Attorney for Louisville and Kentucky