How Do I Know If I Have An Auto Accident Injury Case?
Many people who have suffered an injury in an auto accident wonder whether they have valid grounds to file an injury lawsuit. However, not all car accident injuries justify pursuing legal action. All cases are extremely unique… there is no general criteria for judging who may have a potential lawsuit and who does not. In nearly every circumstance, if you have sustained a serious injury as a result of a car accident, we strongly recommend contacting one of our auto accident attorneys for a free consultation. That said, there are some general guidelines that may be helpful if you are trying to determine if you have an auto accident lawsuit.
Here’s What We’ll Go Over…
To help answer the question “how do I know if I have an auto accident injury case?“, we’ll review a few different factors.
- How do attorneys review auto accidents cases before filing (or not filing) a lawsuit
- What typically justifies a winnable car accident lawsuit
- Do you have an injury lawsuit or just an insurance claim
1. How do auto accident attorneys review potential cases?
Auto accident lawyers often screen potential claims before deciding whether to accept a new client. Often, this is because injury claims can be very expensive to pursue. One reason car accident claims can be so expensive is due to the need to hire experts. Lawyers will frequently bring on third-party members that could include:
- expert medical witnesses
- professional investigators
- crash-related experts
Additionally, there is an extensive time commitment that needs to be made by your attorney. The attorneys at Zukerberg & Halperin, for instance, spend a lot of time with clients… answering questions, reviewing their case together, providing case updates, and giving helpful advice. However, most of the attorney’s time spent working on your case is behind-the-scenes, so that while you focus on your recovery, we’re hard at work fighting for you.
Will An Auto Accident Attorney Accept My Case?
Ultimately, the likelihood of your auto accident case boils down to an evaluation of the following…
- The cost of the attorney’s time, and
- The cost of expenses (such as for expert witnesses, investigators, etc.)
- The potential value of a case, and
- The likelihood of securing a successful verdict or settlement agreement
Unfortunately, there are some instances where those factors might mean that injury lawyers could turn down claims that involve minor injuries and low (or zero) potential values or settlement amounts.
For instance, if the cost to pursue an auto accident lawsuit exceeds the value of the potential claim, it is likely that most all attorneys would turn down the case. Keep in mind: not all attorneys are just looking for a big pay-day.
The attorneys at Zukerberg & Halperin, as an example, take into account the best interest of the client when making a suggestion as far as whether or not to pursue legal action, even if it means being brutally honest. No one wants to see an injury victim endure a long, drawn-out legal battle if the chances for a recovery simply just aren’t there.
Fortunately, you can get a case evaluation at absolutely no charge to find out for certain whether or not you have a potential case. And, if you retain our legal services, you won’t pay a dime unless you win the lawsuit or settlement.
2. What typically makes for a good auto accident injury lawsuit?
Situations vary greatly, but some of the factors that are important in determining whether you have a winnable car accident injury case include the following:
- Suffering serious injuries, such as (but not limited to)
- Brain damage or substantial head injuries
- Paralysis (full or partial)
- Broken limbs (or loss of limbs)
- Major burns, lacerations, and/or scarring
- Serious neck or back injuries
- Long-term injuries
- Income losses and the reduction of your ability to earn money in the future
- Were you out of work for an extended period of time due to your injuries?
- Are you permanently disabled and deemed unfit for work?
- A reduced likelihood of your ability to fully recover
- Are the injuries you sustained unlikely to get better?
- Severe nature and extent of your injuries
- The other driver was (legally) at fault, for instance…
- Was the other driver under the influence of drugs or alcohol?
- Was the driver operating the vehicle recklessly?
- Speeding excessively?
- Not paying attention?
- A dispute over fault exists
- Is the other driver claiming your injuries were not his/her fault?
- Is the liable driver’s insurance company denying fault?
If you or someone close to you is suffering through any of the above circumstances, we highly recommend giving our attorneys a call. Spending just a few quick minutes on the phone with one of our auto accident lawyers could make a world of difference and, since we offer free consultations, you have nothing to lose – and everything to gain!
3. Do I have an auto accident injury lawsuit or just an insurance claim?
If you were at fault: you can submit your bodily injury claim to your insurance company’s personal injury protection but will not be able to sue the other driver.
If someone else was at fault: it is highly recommended that you speak with an attorney. Many people sometimes feel guilty at the thought of suing someone else after an accident and think it might be best to just go through insurance. However, it is very important to keep in mind that your claim may be disputed by the insurance companies.
Understanding how auto accident injuries in D.C., Virginia and Maryland work is critical. All three are among a minority of states that have pure contributory negligence laws. Under these laws, you will not be able to recover compensation for your injuries if you had any fault for your accident.
These rules are harsh and can act as a complete bar to your recovery even if you are found to be only 1% at fault.
Our attorneys recognize that insurance companies often try to place some of the blame on the victims to avoid paying damages and understand the types of evidence that they need to present to combat these arguments and to clearly show that the defendants were 100% liable.
Do I Have An Auto Accident Injury Lawsuit? [RECAP]
- Best bet is to call and ask an expert… our attorneys offer free consultations and are available any time!
- Your attorney will factor in the costs of going to trial against the potential value of your case.
- Your attorney will determine the likelihood of success based on the nature of your injuries.
Call (202) 232-6400 Today To Get Moving On Your Case
Our Auto Accident Attorneys Will Provide A Free Consultation Over The Phone.
We Are Prepared To Move Quickly On Your Case In Order To Quickly Get You Justice And The Maximum Amount Of Money You Deserve.