Do I Have a Case?
If you have been injured in an accident, you may wonder if you have a personal injury case. The answer to that question depends on several factors, including the severity of your injuries and who was at fault for the accident.
At Cantor Grana Buckner Bucci, our experienced personal injury lawyers can help you determine if you have a case and what your next steps should be. Contact us today to schedule a free consultation with one of our attorneys. We will review the facts of your case and help you determine if you have a case.
What To Do After an Accident
If you have been involved in an accident, there are several things you should do to protect your rights.
- Seek medical attention for your injuries. It is important to document your injuries and get the treatment you need.
- Contact a personal injury lawyer. A personal injury lawyer can help you understand your rights and options.
- Do not give a statement to the insurance company. The insurance company may use your statement against you.
- Keep track of your expenses related to the accident, including medical bills and lost wages. These expenses can prove your damages in a personal injury claim.
- Preserve any evidence related to the accident. This may include taking photos of the scene of the accident and your injuries.
What Is a Personal Injury Claim?
A personal injury claim is a legal claim filed by an injured person against the person or entity responsible for the accident. Personal injury claims help injured victims recover compensation for injuries sustained in an accident.
Most personal injury claims are settled before a lawsuit is filed. However, in some cases, you may need to file a lawsuit to recover compensation. A personal injury lawsuit is a civil lawsuit filed in court to recover damages.
The Elements of a Personal Injury Case
To succeed in a personal injury case, the injured person must prove that the other party was at fault for the accident and that the accident caused their injuries. Your lawyer will need to:
- Prove that the other party was at fault for the accident.
- Prove that the accident caused your injuries.
- Prove the extent of your damages.
- Overcome any defenses raised by the other side.
Negligence in Personal Injury Cases
Most personal injury cases are based on the legal theory of negligence. To succeed in a negligence case, the injured person must prove that the other party owed them a duty of care, breached that duty and that the breach caused their injuries.
For example, drivers owe other motorists a duty to drive safely. If a driver breaches that duty by speeding or driving recklessly and causes an accident, they may be liable for the injuries suffered by the other motorists. Other examples of negligent actions include:
- Medical malpractice
- A property owner failing to maintain their premises
- Driving under the influence
Proving fault in a personal injury case can be complex. A personal injury attorney will know how to investigate the accident and gather the evidence needed to prove fault.
How to Prove Fault in Your Case
There are many ways to prove fault in a personal injury case. Some standard methods include:
- Police reports
- Witness statements
- Accident reconstruction
- Photographic evidence
- Medical records
Cases can vary significantly in severity, so it is important to seek legal services as soon as possible after an accident to ensure that you are fully compensated for your injuries.
A personal injury lawyer will know how to investigate the accident, gather evidence, and build a solid case to get you the compensation you deserve.
Typical Injuries That Lead to a Personal Injury Case
Many different types of injuries can lead to a personal injury case. Some common injuries that we see in personal injury cases include:
- Head injuries
- Neck injuries
- Back injuries
- Spinal cord injuries
- Burns
- Fractures
- Emotional distress
These are just some injuries that can lead to a personal injury case. Even if you don’t have injuries, you may have a case if the accident caused property damage.
Calculating Your Damages
Once you prove that the other party was at fault for the accident, you must calculate your damages. This includes both economic and non-economic damages.
Economic Damages
Economic damages are those that have a specific monetary value. This includes:
- Medical expenses
- Lost wages
- Property damage
The best way to calculate your economic damages is to keep track of your expenses related to the accident. This may include medical bills, receipts for repairs to your car, and documentation of any lost wages.
Non-Economic Damages
Non-economic damages are more difficult to quantify. These include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
It is very hard to quantify non-economic damages. That is why it is important to hire a personal injury lawyer, as they can help you quantify the harms and losses you have suffered from your injuries.
Punitive Damages
In some cases, punitive damages may also be available. Punitive damages are designed to punish the person responsible for the accident and deter future accidents.
Punitive damages are only available in some instances, such as when the other party acted with willful and wanton negligence.
Wrongful Death Claims
If you have lost a loved one in an accident, you may be able to file a wrongful death claim. A wrongful death claim is a type of personal injury case that the surviving family members file.
Wrongful death claims are designed to compensate the family for their loss and hold the responsible party accountable. Damages may include:
- Funeral and burial expenses
- Loss of income
- Loss of companionship
- Pain and suffering
To succeed in a wrongful death claim, the family must prove that the other party was at fault for the death. This is generally done by showing that the other party breached their duty of care and caused the death.
Cases We Handle
Our firm handles all types of personal injury cases, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Medical malpractice
- Wrongful death
If you have been injured in an accident, contact Cantor Grana Buckner Bucci to schedule a free consultation with one of our injury lawyers.
What to Expect From Your Injury Attorney
After you contact our office, one of our lawyers will meet with you to discuss your case. During this meeting, we will:
- Discuss the facts of your case.
- Answer any questions you have about your legal rights and options.
- Explain our legal fees and how we are paid.
- Develop a plan to investigate and pursue your case.
You will not be charged for this initial consultation, and there is no obligation to hire our law firm. If you decide to hire us, we will work on a contingency fee basis. This means we only get paid if we successfully recover compensation for you.
Contact an Experienced Personal Injury Lawyer in Virginia
Contact a personal injury lawyer at Cantor Grana Buckner Bucci today if you have been injured in an accident. Our lawyers can help you understand your rights and options and will fight to get you the compensation you deserve.
The consultation is free; you pay nothing unless we win your case. Call us now to schedule a consultation with one of our lawyers.
