Just because an accident occurred, and it wasn’t your fault, does not necessarily mean that some insurance company is going to pay your medical bills and other related expenses. There needs to be a showing that another party or entity actually caused the accident to occur, whether it is a car accident or other kind of injury matter. You must be able to show that someone was negligent at the very least and that negligence caused your injury to occur. Many times clients tell me that they were involved in an accident but it wasn’t anyone’s fault. If we cannot show the other party did something wrong or negligent, we will likely be unable to prove that you should recover any kind of compensation.
Aside from a basic showing of "negligence," we also have to prove you had "damages" from the incident. Just because you can show someone was negligent doesn't automatically mean you get compensated. If you had no injuries, then you can't legitimately bring a claim...especially one for personal injury. You can of course bring a claim for property damage if you actually incurred property damage. Therefore, there needs to be a showing of negligence, and there needs to be a showing of actual damages incurred. Without both, you are wasting your time.
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by Robert Mansour
Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic and surrounding communities.