Do I Have a Case?

INTRODUCTION

Whether or not you have a case depends on three factors. Those three factors include fault, damages, and insurance. This article addresses these three factors.

FAULT

Before you recover any money, you have to prove the person who injured you was at fault. A person’s negligence is called liability. A person is negligent if he or she fails to use reasonable care under the circumstances. 

PROVING FAULT

There are two ways to prove someone was negligent. The first way is by witnesses. Witnesses are usually used to show someone was at fault. For example, a pedestrian who saw a car collision is a witness and can be used to prove fault.

Another way to prove wrongdoing is with documents. Documents include photographs and video. Many intersections have cameras that record traffic 24 hours a day. A camera that captures the collision is compelling evidence to show fault.  

DAMAGES

Two kinds of losses are recoverable after a car collision. The two types include economic and non-economic losses. Economic losses or damages include property damage, medical bills, and lost wages. 

Non-economic losses or damages include pain and suffering, emotional distress, loss of enjoyment of life, and inconvenience.

The most common symptoms following a crash are neck and back pain. The nature and extent of the injuries vary. Many neck and back injuries are sprain/strain. Most heal after a course of physical therapy. 

Neck and back injuries also include serious harm to the spine or discs. Treatment for this harm often includes injections or surgery. Many do not completely recover. 

INSURANCE

California law mandates that everyone driver with insurance. Unfortunately, a large percentage of California drivers do not carry insurance and are uninsured drivers. 

A negligent uninsured driver is still responsible for all the damage he or she causes. The difficulty is collecting money damages from the driver. Most don’t make a lot of money and don’t have significant assets to pay.   As a result, many accident victims do not have a remedy to be compensated. 

Many drivers have uninsured motorist coverage. If you are a victim of a car collision, you can seek reimbursement for your damages under that coverage. 

CONCLUSION

At MCIS, we can tell you if you have a case. Schedule a free consultation. No pressure. Just answers.