When a person is injured in a car accident, they are often eligible to receive compensation for their damages. However, not all accidents warrant a personal injury case. Keep reading to find out more about five factors that can help you decide if you should file a lawsuit. If you choose to move forward, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
- You Must Be Able to Prove Who Was at Fault California law deems us an at-fault state when it comes to car accidents. This means that if you want to file a personal injury case to recover compensation for your damages, you must be able to prove who was at fault. You can do this with eyewitness recollections, accident reports, and evidence at the scene. If you do not have any compelling evidence, then you are unlikely to win your case.
- You May Be Considered Partially at Fault Because California is a comparative fault state, if you are even partially at fault for a car accident you can be held financially responsible for that portion. This means that if your damages were $100,000 and you were determined to be 25% at fault, your damages would be reduced by 25% to $75,000. This may not be an issue if your percentage of fault is low but it is something to consider.
- Your Claim Will Be Significantly Impacted by the Severity of Your Injuries You may be able to prove who was at fault and you may be 0% at fault. This does not necessarily mean that you should file a personal injury claim. You will also want to consider how severe your injuries are, and what the long-term damages are. For example, if you sustained a traumatic brain injury then it is likely worth taking the time to file a personal injury suit, whereas a scraped knee would not be worth it from a financial perspective.
- What You Did After the Accident Can Affect Your Case Certain actions – or inactions – after a car accident can have a huge impact on your case. For example, if you refused medical attention then the other side may use this as an argument that your injury was minor. If you apologized to the other party, they could use this as evidence that you admitted guilt.
- You Do Not Have an Unlimited Amount of Time to File Your Case If you are injured in a car accident today, you will likely have two years to file your case. However, there are some cases in which you can only file for six months. The best option is to contact a personal injury attorney as soon as possible to request a free legal consultation.
