Car accidents happen every day across the country. Some accidents are minor “fender benders” where there are no injuries. However, all too often, drivers and passengers are injured. Many people wonder, “Do I have a car accident case?” The answer to that question is not always simple. Every accident is different and has a unique set of circumstances. Generally, when you are involved in an accident that was not your fault, you may meet the criteria to file a personal injury lawsuit.

Serious Injuries and Property Damage

When an accident causes serious injuries, or death, or significant property damage, there may be a need to file a case. Serious injuries may require extended hospital treatment, surgery, and rehabilitative care, which will be expensive. When a permanent injury happens, the victim may never fully recover, and could need ongoing medical care. These expenses, along with other damages caused by the accident, can be recovered by filing a lawsuit.


There are many costs associated with medical treatment. These costs can be extremely high, and could put you in financial straits. A lawsuit will help you get the money you need to pay for these bills, as well as many of the other expenses that have been incurred. Some of the damages that you may request include:

  • Medical Costs
  • Surgical Expenses
  • Money for Pain and Suffering
  • Property Damage
  • Future Medical Expenses
  • Payment for Lost Wages
  • Mental Distress and Loss of Enjoyment of Life

These and other expenses should be paid for by the responsible party.

Liability and Negligence

In order to proceed with a lawsuit, you must be able to prove that the other driver was liable for the accident. Liability means that the driver is responsible for the accident. A driver is negligent when he or she does something (or fails to do something) that causes the accident.

Car Accident Cases

Many times, car accident cases are settled before they go to court. For this reason it is helpful to have representation by a highly skilled attorney with expertise in personal injury cases. Your attorney will be tremendously helpful in guiding you through the process, negotiate with insurance companies, and assist in all aspects of the case. If necessary, your attorney will prepare your case for trial and will aggressively work to achieve a successful resolution.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Do I Have a Car Accident Case?, or any other personal injury, please feel free to contact Brian T. Allen at  480.461.5335,  log on to,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.