Personal Injury – Do I Even Have a Case?

Hi, I am Roger Ghai and I handle a number of car accident cases and other types of injury cases in the Acworth and Kennesaw areas, as well as different parts of Marietta and Cobb County. I get a question that is very frequent, which is, do I even have a case? The answer to that is this, number one, in order to have a case, we have to show that the other person was negligent. The legal standard for that really is that the other person did not exercise ordinary care. Typically, it’s in a car accident situation.
They could have either been following you from the rear too closely or they failed to yield while making a left-hand turn or they blew through a traffic sign or traffic signal. That’s the basic thing as to whether there’s actually fault. That would establish fault if they did any of those things or some other things too.
The second aspect of the case is, were you insured? I have clients said sometimes they were involved in what looks like a very serious accident from the physical damage to the property, the vehicle. It might even be totaled out and then walk away unscathed.
Yes, even though the person was negligent, they ran the red light or they rear-ended you, and they might have caused you to hit the car ahead of them, the client wasn’t hurt, so there’s no way to get legal compensation from the client. If there is a case, that is, if there’s negligence and then you were legitimately hurt, and you don’t want to make up a client, I had a client called the other day and said that he wasn’t really hurt but wanted to make some money, and I had to tell him that that’s basically a fraud case, I didn’t want to refer him to any doctor or anywhere. There was really no case there.
If you have a legitimate case, then you’re entitled to get compensated among other things for your lost wages, your pain and your suffering, your medical expenses, and the other types of general damages that you might have sustained too. If you have a question about whether you have a good case or a bad case, or whether it’s even worth pursuing, feel free to call me at 770-792-1000.