How do I know if I have good cause for a car accident lawsuit?

A number of factors combine to determine whether or not a potential car accident lawsuit is worth pursuing. The first and most important factor is the presence of negligence or wrongdoing. Negligence is failure to act as a reasonable driver would under the circumstances. The other party must have been negligent or malicious in order for you to have a case, and it must be possible to prove that the negligence directly caused the damages.

In addition, real damages must have occurred. Damages can involve financial losses, such as the loss of a car or medical bills, and non-economic losses. Although the other party’s insurance company may be willing to pay for the immediate medical bills and property damage, it can be more difficult to get compensation for damages like lost wages, personal injury and pain and suffering. These damages are most likely to be present in cases of catastrophic injury.

The other party must also have the resources to cover the damages sustained in a car crash. Unfortunately, if the other party is uninsured and has limited resources, filing a lawsuit may cost more than can be gained because the other party is simply unable to pay.

A skilled, experienced attorney can examine your case and tell you whether or not you have a viable car accident lawsuit. If you have been in a car accident and are wondering whether you have a lawsuit, schedule a free consultation with Joyce & Reyes.

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