Do You Have a Personal Injury Case?
In every car accident case, we must prove a number of things.
The first thing we have to prove is what the law calls liability. Liability means that the other person caused the crash by committing a careless act or failing to act responsibly. We can prove liability in a number of ways including eyewitness testimony, pictures and by using expert witnesses. We often hire an expert crash scene re-constructionist to recreate the crash to prove liability – prove that the other person caused the crash.
We also have to prove that you have what the law calls damages. Damages are harms and losses – both tangible and intangible. There are financial harms (past and future lost income, past and future medical costs), property (damaged car, personal property), pain and suffering and emotional damages. We can prove damages with documents and witness testimony showing the lost income and the medical bills. We can prove the pain and suffering by testimony of witnesses and showing the jury the actual pain and suffering you endure. We can prove emotional damages from the testimony of expert witnesses such as psychologists and psychiatrists.
We also have to prove what the law calls causation. Causation simply means that the crash caused your damages. Oftentimes insurance companies will claim that some other reason apart from the crash caused your damages. Insurance companies will also claim that you were hurt but not nearly as much as you are claiming. Insurance companies will also claim that your injuries were preexisting and that this car crash did not really cause your injuries. Our job, as your attorney, is to show the jury the link between the crash and your damages. We do this through witness testimony and documents. Sometimes we hire experts to prove that the crash caused your injuries.
This is all we need to determine if you have a case. We have to prove that the other person caused the crash (liability), that you suffered harms and losses (damages) and that the crash caused your damages (causation). That might be all we need to prove but in order to have a successful case there is one more very important thing you need.
The person who is responsible for the crash must have money to pay. That usually means that the person causing the crash has good insurance coverage. However, even if the person causing the crash does not have insurance coverage, you might still have a good case. If you have been smart and purchased uninsured and under insured insurance coverage, you may still have a good case. Even if there is no insurance coverage a good car accident attorney will have the means to investigate to see if the person who caused the crash has any assets that might be seized to make payment.
If you need help in your car accident case we are ready to provide you the assistance you need. Remember – there is never any fee until we get money for you. Call us for a free consultation at 801-487-6454 or fill out the e-mail form and we will contact you as soon as possible.