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How to Know If You Have a Car Accident Case


If you’ve been injured in an auto accident, you may be wondering if you have a car accident claim. Unfortunately, there’s no way of determining for certain without knowing the details of your particular case, and you can call our office for a free consultation. However, there are two general areas an attorney will look at to determine if you have a case: Liability and Damages.

Who’s at Fault?

Liability is the legal term used to mean that someone is responsible, or at fault. Determining liability isn’t always a straightforward matter. If you are in an accident, and you think a claim will be filed, call the police and report the accident. Having a police report on file could be invaluable to your case. It is not uncommon for the other driver to make promises, or agree to pay, only to renege after leaving the scene.

Ways Other Drivers Can Be at Fault:

  • Not obeying the speed limit
  • Distracted driving
  • Driving under the influence of drugs or alcohol
  • Not obeying traffic signs or signals
  • Reckless driving, such as excessive lane changing
  • Not using a turn signal
  • Ignoring weather or road conditions
  • Improper passing

Liability could also fall to:

  • Government entities for malfunctioning traffic signals
  • Road defects attributable to government mishandling
  • Government entities’ improper road signs
  • Manufacturers for defective parts
  • Business if other driver was over-served alcohol at their establishment


  Damages refers to all losses incurred due to the accident — physical, financial, or emotional. The scope of your damages will determine if you have a case and what that case may be worth. Damages fall into these two categories — economic damages and non-economic damages.

Economic damages are losses that are easy to understand and are typically defined with a numerical value such as:

  • Past and current medical bills
  • Anticipated medical bills
  • Lost wages
  • Loss of earning capacity

Non-economic damages aren’t easily defined with a straightforward numerical value such as:

  • Pain and suffering
  • Mental anguish
  • Loss of companionship

Do You Have a Case?

If you’ve been injured in an auto accident, and you believe someone else is at fault, you may have a case. Please call Frank Jenkins Law Office for a free consultation at  (859) 389-9344