Are Both Damages and Liability Necessary For An Accident Case?

There are two basic parts of an automobile accident case. Both liability and damages must be present for there to be an auto accident case. If one is missing you do not have a case.

Liability deals with the cause of the injury. That is how the accident happened. If the injury was a result of your own actions in most circumstances you do not have a case. If your injuries were caused by the actions of another person you may have a case. This depends on whether the other person did anything wrong or their actions were negligent. This does not mean that they intentionally caused your injury. They do not have to mean to do it. If a person isn’t paying attention by talking on a cell phone and slams into the rear of your car there is usually liability. If you caused the accident you do not have a case. If there is a dispute as to liability or how the accident happened you may have a case, however, it may be more difficult to prove.

You must also have damages to have an auto accident case that can be pursued. Just because someone did something wrong or was negligent does not mean that you have a case. You must sustain some injury or have some damage that can be measured. If you are in a car accident and your car is damaged, but you are not hurt you do not have a personal injury case. You have a property damage case, but not a personal injury case. Since you have no injury you cannot make a claim for pain and suffering or in other words for personal injury. Be thankful if you are in this situation. No matter how much money you recover in an automobile accident case, it is never worth what you have to go through. If you are hurt and have to go to the doctor you probably have damages.

Your damages can include pain and suffering as well as loss wages, medical bills, loss of services, etc. Pain and suffering is not an element that is easily measured. How much is a broken arm worth? How much is a bad back worth? What if there is a herniated disc? It will be different in every case.

As always, you should consult an attorney to get advice if you think you may have a case. Many attorneys, including myself, offer a free consultation. If you think you might have a case you should take advantage of this so you can determine what your legal rights are. You can then make an informed decision on the direction that you want to go that is best for you.