If you have sustained an injury in a car accident, slipped, or experienced an accident at work, your first thought may be to sue the person or organization responsible for your injuries. However, not every situation necessitates the presence of an attorney, and additionally lawyers may decline to take a case if it is not worth their time or expertise.
Personal Injury Case Elements
Most personal injury lawsuits need the demonstration of four fundamental elements:
1) The defendant has a legal obligation to the plaintiff.
2) the defendant failed to perform that duty;
3) the breach was directly and legally responsible for the plaintiff’s injuries;
4) The plaintiff was harmed in some way as a result of the breach.
In a Personal Injury Case, Who Is Liable?
All of these components collectively raise the question, “Was the defendant at fault for the accident?” In some instances, there is no question about who is to blame. The defendant was in charge of keeping the victim safe and acted in a hazardous way, which can be established. However, responsibility may not be as evident in other instances. The victim may be held responsible for their conduct that resulted in the accident, and it is possible that a third person was also at fault. Before agreeing to take the case, an attorney may want to verify that the defendant’s liability can be proven.
Damages in a Personal Injury Case.
Even if there is obvious guilt, a lawyer may choose not to take up the case if the compensation is minimal. Some lawyers, for example, may refuse to handle the case if the victim is granted less than $5,000 in damages. A responsible lawyer will do a cost-benefit study to assess if it is worthwhile for them to take the case. If an attorney accepts a case with a $5,000 judgment or settlement and charges a third of that amount as their fee, the attorney will get little more than $1,660. If the attorney spent several hours preparing the case, this low amount might not be worth the attorney’s time. Furthermore, if an attorney manages your case, they may not be able to pursue any other lucrative case.
An Assertion in a Personal Injury Case.
Another issue that an expert personal injury attorney would evaluate is proof to back up your version of events. This is often unknown until the discovery process. However, based on the little information available during the early phases of your legal counsel, an expert may be able to assume that some evidence may be accessible. For example, if the accident happened at a major store chain, they may expect that footage is obtainable. Furthermore, they may infer that witnesses were present if a police report indicates such. If you have incurred bodily injuries, your medical records and expenses may be utilized to prove damages in your case.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your personal injury case.