I Was Just in a Car or Truck Accident and Was Injured. Do I Have a Personal Injury Case?
People who have been injured by another car or truck or in some other accident in Jacksonville, Florida or the surrounding areas are often unsure if they have a personal injury case. They may understandably question whether an accident and injuries automatically translates into compensation or recoverable damages.
If you have been injured in an accident, there are a few general issues that determine whether you are entitled to damages. Let's use a car accident as an example. The first issue we look at is the issue of fault. In other words, who caused the accident? In order for you to be entitled to damages after an accident, the accident must be at least partially the fault of another person. This is not an all-or-nothing analysis. If the accident was completely the fault of another person, i.e. the other person crashed into you while you were stopped at a red light, then the fault part of the analysis is satisfied. However, even if the accident was partially your fault but also partially the fault of another person, you can still recover damages from the accident.
The second primary issue is damages. If the other driver was 100% at fault, you can recover damages from him/her, or his/her insurance company, if you suffered damages. "Damages" is a legal term, but it generally refers to an injury that you suffered as a result of the accident and the resulting past, present and future pain and suffering, your medical bills in the past, your expected medical bills in the future, past and future lost wages and other elements that relate to negative changes in your life as a result of your injuries. Assuming you suffered some or all of those elements of damages, you are entitled to compensation after an accident caused by another person.
The third primary element of a personal injury claim or lawsuit is insurance and/or the other party's ability to pay. If you were injured in an accident caused by another driver, you have a case. However, the other driver must have a valid insurance policy, or other means to pay, in order for you to recover your damages. Insurance issues and finding insurance coverage can be fairly complicated and are the subjects of other posts on our blog. However, after a person has been injured in an accident and contacts us, we immediately take the necessary steps to determine all of the available insurance policies and coverages that can be accessed to compensate a client for his/her injuries.
If you have been injured in an auto, truck or other type of accident in the Jacksonville, Florida area or anywhere else in Florida or Southeast Georgia, these are the preliminary issues you can consider if you have questions about whether you have a personal injury case. If you have any questions about whether you have a case after an accident, feel free to contact us to discuss your case and your rights further.
