Three ways to tell you have a personal injury case.
You are really hurt
Obviously you don’t have a personal injury case if there is no personal injury involved. As horrible as it sounds, the more injured you are, the better your case will be. Long-term or permanently disabling injuries and severe injuries are more likely to result in a settlement than minor or temporary injuries.
If you want a judge to award you the settlement you are asking for, you can’t be at fault in the accident. Let’s say you are driving down the freeway on a snowy day. You come to a particularly icy patch of road, and you feel your vehicle sliding around. The driver next to you is also having a hard time maintaining control of his car. Before you even have time to realize what’s happening, the two cars slam into each other. This is going to end up with both drivers at fault and not much of a case for either site.
You may have a good personal injury case if you are not at fault whatsoever in the incident.
When you sue in a personal injury case, you are suing the other person’s insurance company. If they have a really great policy, you will be more likely to get the money you are asking for. If you aren’t awarded the settlement, you will either have to sue the individual, or drop the case. Unfortunately it’s a lot harder to get settlement from an individual than from an insurance company.