Should You File a Personal Injury Claim After a Minor Car Accident?
Have you recently been in a seemingly minor car accident and still aren’t sure whether to contact a personal injury lawyer in San Jose? The facts of each case are different, and only an experienced car accident lawyer can analyze your legal situation to determine if you have a claim for damages. But no matter what, if you are hurt in a car accident that was not your fault, you should be able to make a successful personal injury claim. Keep reading to find out more about when to contact a lawyer.
The best sign that you should file a personal injury lawsuit in the aftermath of a car accident is when the collision was not completely your fault. California personal injury law follows the “comparative negligence” doctrine. This means that a plaintiff can sue for any percentage of damages attributable to the defendant. For example, if you were in a car accident after you rolled through a stop sign but the other driver was drunk or speeding, you can probably recover damages because the other driver was comparatively more negligent. Breaking the law always constitutes negligence.
Anytime you suffer an injury, it is in your best interest to contact an attorney. The aftermath of a car accident can be confusing, and many people do not experience symptoms of even serious injuries until much later. If you have symptoms of mild whiplash, including headaches, neck, back, or shoulder pain or stiffness, or muscle or ligament strains and sprains, you should see a doctor immediately. You can be compensated for even minor injuries after a car accident, but you must seek medical care to document the situation.
If you still are not sure whether or not you should file a personal injury claim, contact a personal injury lawyer. These attorneys have experience in injury compensation and understand state driving laws. A personal injury attorney knows what it takes to prove damages in a personal injury case, and he or she can talk to your insurance company on your behalf.