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Chapter Three – Do I Have a Case?

Whether or not you can make a claim against another persond epends on who is at fault. If you cause an accident, you cannot make a claim against someone else for your injuries. This may seem obvious, but people have called me to see if they can make a claim for injuries they sustained because of their own negligence.

However, should someone else cause injuries to you, you may be able to make a claim for damages against that person. I say that you may be able to make a claim—there are many factors to consider when determining whether or not you can make a claim.

Determining Whether or Not You Have a Case

The first factor is whether or not the person who caused your injuries was negligent in causing the accident. If, for example, they failed  to stop for a red light and hit you, they were negligent and a claim can be made. If they failed to stop for the red light because they suffered a medical condition that was completely unforeseeable— for example, a heart attack—then they may not be deemed negligent.

A medical emergency can be a defense in some cases but is not always a bar to making a claim. If a person does not maintain their property in a safe manner and you are injured because of an unsafe condition existing on their property, you may be able to make a claim for damages. Suppose, for example, that following a snowfall you fall on a sidewalk that had not been cleared for several days. You probably can make a claim for damages. Suppose instead, though, that you fall because of snow on a sidewalk but that your fall occurred in the middle of a blizzard. The law does not require a person to clear his sidewalk in the middle of a blizzard, so you may not be able to make a claim.

What you should understand about the above examples is that when I look at a case, I have to look at all the facts of the case to determine whether or not we can make a claim. I often talk to clients about situations in which the person suffered an injury, but where we could not make a claim because of the circumstances of the injury. Each case is different, but every case is worth talking about to see if we have a chance to make your case a successful case.

Damages in Accident Cases

The second issue in determining whether you have a case worth pursuing is whether or not you sustained an injury. If you sustained injuries requiring medical treatment and another person caused your injuries, you can make a case. The value of the case is determined by the extent of your injuries. The more serious the injury sustained, the more your case can be worth. The records from your medical treatment are what I will use to prove your injuries. This is why it is important to seek prompt and appropriate treatment for your injuries.