Do I have a case?

How Do I Know If I Have a Personal Injury Case?

How do you know if you have a personal injury case? If you were injured in an accident and the accident was not your fault, there is a good chance you may have a personal injury case.

The strength of a personal injury case depends on a long list of factors. First and most important, you must be injured in some way. If there is no injury, there is no personal injury claim. Also, the injuries you sustain must be caused by another person. The person who caused your injuries must be clearly liable for causing your injuries. For example, if you jump out of a moving car, you cannot blame the driver for your injuries. You must be able to prove that the other person’s negligence caused you to sustain injuries. Other factors that can influence the strength of your case include, but are not limited to, the following:

• Seriousness of the injuries
• Promptness of medical treatment
• Compliance with medical treatment plan
• Number of victims
• Outrageousness of the at-fault party’s conduct
• Whether the theory of the case is negligence or strict liability
• Quality and quantity of the evidence on both sides
• Willingness of victims and witnesses to cooperate

The role you may have played in causing your injuries is considered in determining the strength of your case. If you are not wearing a seatbelt and you are injured in an accident, the at fault driver’s insurance can argue your injuries would have been less severe had you been wearing your seatbelt. You contributed to your injuries by not buckling up. Although wearing a seatbelt will not make or break your case, it will certainly impact how much you can recover – and this is just one example of the complex factors that can impact your personal injury claim in California.

If you believe you may be partially at fault for injuries you sustained in an accident, call The May Firm for a free review of your potential case. The May Firm attorneys are highly experienced, and they can determine if you have a personal injury case.

Disclaimer: Information on this page is designed for general information purposes only and should not be interpreted as being legal advice or a legal opinion on specific facts or circumstances. You should always consult with an attorney before making a decision about your case. Pages are updated periodically but information provided on this page may not be up to date as circumstances may change over time. Please see our [LEGAL DISCLAIMERS] page for additional legal disclaimers.