Not every one that calls me about their car accident has a case that I will take. The first hurdle is that the car accident has to be caused by the fault of the other party. Legally that is called negligence. Everyone understands running a red light or a stop sign. But some people think that when someone that has been in front of you stops suddenly, that it is their fault. Not usually. The Ohio law states that you must be able to stop within the assured clear distance in front of you.
The next important thing is the force of the collision. Jurors are quite skeptical about cases with no car damage. However even if the bumper looks okay, if the bumper guard (the steel part between the bumper and the car frame)is damaged that can show the collision had significant force.
You also must be able to show the car accident caused you a signifcant injury. Just today a young man called me and said he was in a car accident 30 days ago and his leg just started bothering him. He had not sought any medical attention. In that case I explained that it would be incredibly difficult to show that injury was from the car accident . So I declined to take his case.
Finally even if it was the other persons fault and there was good car damage and you went to the doctor the day of the accident but had not had anymore treatment and you were fine within a week, then I would not be able to add any value to your case. It would be a case you should be able to handle with the insurance company for a small amount of compensation.
I'm always glad to talk with anyone that needs help or just has a question to ask. The important thing to remember is to document everything you can and seek medical attention as soon as you feel any injury.
Friday, 26 June 2009
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