There are three factors to look for in a personal injury case: negligence, damages due to negligence, and a responsible party. Personal injury lawyers exist for every type of case, including auto accidents, wrongful death, and medical malpractice. But not all situations that result in injury are personal injury cases.
In this article, you'll discover how to determine if you have a case and what to look for in a personal injury lawyer.
The first factor for determining if you have a case is provable negligence on the part of the responsible party. There must be a standard that was overlooked, even if by accident, that caused harm. In an auto accident, this could be running a red light. In medical cases, this could be a failure of a pharmaceutical company to disclose harmful side effects.
In either case, you must be able to prove that the party had a responsibility to follow the standard of the law or regular practice and they didn't. Another factor to consider is your contribution to the event. Any negligence on your part can lead to a weakened case or a loss in court. If you can prove that any reasonable party would have acted in the manner that you did, you still have a strong case. Keep accurate documentation of the event and never exaggerate what took place.
The second factor that must be present for you to have a case is provable damages. This means an injury that caused significant financial damages. For example, if you are involved in a car accident that results in your hospitalization, lost wages, and extensive medical bills, these would all be compensatory damages. Car insurance will usually cover damages if there are no discernable injuries.
While mild headaches are injuries, attorneys may be reluctant to take the case unless there are extensive medical bills and loss of wages.
What to Look for in a Personal Injury Lawyer
When vetting personal injury attorneys, look for someone with provable experience. Some cases may go to trial while others are settled out of court. If you don't want to settle, look for a lawyer with trial experience. Knowing what their win/loss rate is in court is an important detail in predicting how your case may play out. Many attorneys will work for a contingency fee, meaning you don't pay if you don't win your case. If this is important to you, ask ahead of time how payment will be handled.
Choose an attorney with past experience in cases that are similar to yours. This experience can offer you more assurance that they are prepared for the job. They are also more likely to have the resources necessary to investigate your claim and get you the compensation you deserve. Finally, choose someone who listens to your grievances and is capable of explaining the process to you.
Contact a personal injury lawyer to learn more.