Q: Do I have a case?

A: Without a doubt this is one of the most asked questions of personal injury lawyers, and perhaps of all lawyers.  The answer to this question is as varied as the question is numerous.  It would be impossible for me to tell you whether you had a case without knowing the facts of your particular case.  However, there are some general considerations I can give you here that will assist you in evaluating your case.  Of course, these considerations are no substitute for actually talking to an attorney.

When most people ask if they have a case they are really asking how much of a case they have.  After all, what is the point of having a case if it isn't going to fairly compensate you for your time and expense.  The law can awared damages for any number of harms that can befall a human, however in many instances these damages are nominal absent significant harm or injury.  My point is best illustrated by the following example. 

There is a tort called a battery.  A battery is the unwanted touching of another human being.  If a complete stranger comes up to you and grabs your arm (not hard enough to hurt you or leave a mark) and you did not want this stranger to touch you, you would have a case against this stranger for the intentional tort of battery.  Assuming you were able to get the stranger's name, sue the stranger, get them into court and prove that they touched you against your will, a judge would likely rule in your favor.  HOWEVER, the question would be - what would he or she award you for damages.  In all likelihood the judge would award you nominal damages.

The foregoing example illustrates that the question of whether one has a case is really two questions.  The first question that must be answer is whether there is liability.  The second question to be answered is whether there are damages.

Establishing liability varies depending on the case, but generally speaking one establishes liability by proving someone was negligent and that this negligence caused harm.  Once negligence is established (and this isn't as easy as it sounds) the question becomes what are the damages.  Damage awards are based on a number of factors, including the kind of injury, the permanency of the injury, the costs of treating the injury, and the resultant impact on the victim's life.  For a more thorough discussion on proving your personal injury auto accident case see my article published here: http://www.theterrellfirm.com/library/georgia-car-accident-checklist-making-a-case.cfm

As you can see from the foregoing, the question of whether one has a case is not simply answered.  The best thing to do is to consult with an attorney who specializes in personal injury law.  At Terrell Law Firm, we specialize in personal injury law and all our consultations are always offered free of charge.  If you have been injured in an accident and would like to have your case evaluated, click on the "What is My Case Worth" tab at the top of the page, fill in the inormation and I will contact you.