Determining Whether You Have a Case

Posted in Personal Injury on August 18, 2016

You should always meet with an attorney to discuss your unique situation and whether or not you have a case.

Generally speaking, if you have been involved in a motor vehicle crash that was not your fault and were injured, you have a case. Our requirements at Zaner Harden Law mirror the requirements under the law.

Here is a checklist of things we look for when considering a car accident
case:

• Did another driver have a duty to you to drive safely and carefully?
• Did that other driver breach that duty and drive negligently, such as rear-ending or failing to yield to your vehicle?
• Did the other driver’s actions cause you to sustain injuries?

If the answers to these questions are all “yes,” you usually have a case.

An Attorney Can Help Identify Specific Nuances

The reason why you should always consult with an attorney is because there are unique circumstances surrounding each potential case.

For example, what if the crash was partially your fault and partially another driver’s fault? You and your attorney will have to take that into consideration.

Also, how long ago did the crash occur? In Colorado you have three years to file a lawsuit against the at-fault driver (other states have different deadlines).

Does the at-fault driver have insurance? If not, your attorney will need to look into the details of your own insurance coverage.