Are Both Damages And Liability Necessary For An Accident Case?

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

Liability
Liability deals with the cause of the injury; that is how the accident happened. If the injury was a result of your own actions, you do not have a case in most circumstances. If your injuries were caused by the actions of another person, you may have a case. This depends on whether the other person was negligent. 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.

Related: Auto Accidents Should Never Settle Before They've Recovered

Damages
The second part to an accident case are damages. 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 were 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 personal injury. Be thankful if you are in this situation. No matter how much money you recover in a car 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.

What are some examples of personal injury 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? It will be different in every case.

Related: Back Injuries After An Accident

What should you do if you think you have a case?
As always, you should consult with 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 for your case. You can then make an informed decision on the direction that you want to go that is best for you.

Michael Schafer
The Personal Injury Attorney for Louisville and Kentucky