How to Know Whether You Have a Personal Injury Case
When you’re in a car accident, or any other kind of accident, a lot of thoughts run through your mind in the immediate aftermath and even for months afterward. Was it your fault? If not, whose fault was it? Was it no one’s fault? Was it just an accident? Should you really have to pay all these bills? Should you really have to struggle for months, years, or a whole lifetime with these injuries? Should you really have to find a way to make money without any help because this was all just an accident?
It’s important to note, upfront, that sometimes, the injured person was at fault. And sometimes, it really is just an accident and no one can be held accountable. However, it is at least as likely that someone else made a mistake, acted negligently, or otherwise behaved or acted in a way to put you in this position. If that’s the case, then it wasn’t just an accident, it was an accident that should lead to an accident claim.
You need to know the difference so you can either try to move on or else concentrate your effort on finding a lawyer to help you pursue a claim against those who are responsible. If someone else was at fault, there’s no reason you should be the one suffering and struggling. You deserve help, and you are entitled to it.
But you need to know whether your accident qualifies before you can do anything else. Thankfully, Glover Law Firm has a very helpful definition to simplify this. According to their site, the difference all comes down to “negligent conduct.” If another party has acted negligently, then you have a right to compensation.
What does negligence look like? It can take many forms. It may be as simple as someone forgetting to clean up the electrical cords that are covering a walkway. It may mean someone didn’t repair a handrail on the stairs. It may also be a truck driver who has been drinking and so causes an accident on the highway. Or, it can be the doctor who makes the wrong diagnosis or orders the wrong test.
As you can see, the indicator here isn’t so much in what happens but in how it happens. You have the right to expect others to behave in a way that best keeps you safe. After all, you do that for others all the time. You stop at stop signs. You don’t intentionally give bad advice that can lead to harm. You take care of those who need caring, like your child or elderly parent. When someone fails to live up to this basic requirement, they can be held at fault for your accident.
Once you know that, all you have to do is consider whether your accident involved someone who made the choice (with or without knowledge) to disregard your safety. Answer that question, and you know whether you have a case.