A personal injury lawsuit can arise from a wide range of circumstances. Car accidents, medical malpractice, wrongful death, construction accidents, and premises liability, such as slip and falls, are among the typical types of personal injury cases. Specific cases, such as a dog bite or attack, will happen occasionally as well. Despite the different types of injury cases that come forth, many follow a general set of rules, though there are exceptions that can depend on the situation, severity of the injuries and other elements.
If you are injured in an accident, hiring a personal injury lawyer can help you understand your rights specific to the type of injury case you are involved in. Many people, however, are unaware of what an injury lawyer looks for when choosing whether to accept a client and take on their case. The viability of your legal case will be dependent on various factors and whether your lawyer has a reasonable chance of success or favorable resolution.
Personal injury lawyers are in the business of assisting clients in getting justice and a verdict or settlement they deserve. However, some may be selective in the cases they accept, ensuring that their efforts are worthy of their time.
Things a Personal Injury Lawyer May Look For in a Potential Client
Remember that a personal injury claim is centered around an individual being personally injured. This does not include your property or belongings. This should be clear before you reach out to an attorney. Furthermore, the incident that caused the injury should be due to someone else's negligence. In slip-and-fall claims, often known as premises liability cases, simply suffering an injury on someone else's property is not sufficient. Instead, you will need to establish that someone else's negligence led to the injury you sustained.
From here, your personal injury attorney will assess the circumstances of the accident, what your injuries are, and if it happened under questionable circumstances. Other criteria could be taken into account when determining the validity of a personal injury lawsuit, but this is something your attorney will evaluate.
Who is Liable in the Accident?
The foundation of any personal injury lawsuit is identifying the responsible party, and this is generally the main topic of a PI lawyers' agenda. Liability refers to the at-fault party. For instance, most lawyers would be reluctant to take on your case if there was an accident and a police report determined that you were mostly responsible. There are instances where liability is shared and the case proceeds, though. This is legally referred to as comparative negligence. This is when both parties may be entitled to compensation because both caused the accident.
In some situations, there could be multiple parties responsible for your injuries. Imagine that a restaurant's flooring caused you to slip and fall and become injured. While the restaurant may be responsible for your injuries for neglecting to alert you about the floor, the building's owner may also be liable.
All parties that share responsibility for your accident must be identified by your attorney. The victim may be entitled to make an injury claim against each party that contributed to the accident, including accidents where more than one party is at fault. Sometimes, this can result in the victim receiving more compensation, especially when there is a serious injury.
What is Your Injury and How Has It Affected Your Life?
Although you want most accident victims to escape without suffering a serious injury, there must be a legitimate basis for making a personal injury claim. Due to someone else's negligence, you may have suffered an injury that resulted in wage loss and/or high medical costs, which would most certainly justify a personal injury claim.
The term "serious injury" refers to a very serious category of personal injury claims. This might involve spinal cord injuries, paralysis, or disfigurement, for example. However, you do not need to be restricted to bed rest or incapacitated in order to pursue compensation for your injuries.
The cost of your medical bills can be a determining factor in regard to the severity of your injuries. What medical expenses have you accrued since your accident and the financial impact it has had on your life will be questions a lawyer will ask you. A lawyer will also try to determine how the injury has limited your everyday life. Significant limitations frequently contributed to severe injuries, altering every aspect of your life. This is when a victim will seek damage for pain and suffering both now and in the future. Do you feel continuous pain? Do your injuries have any long-term implications? In order to get compensated, these are questions your personal injury attorney will ask you.
What is the Value of Your Personal Injury Claim?
The monetary value of your case is an important element, especially to a lawyer. Although it may seem insensitive, a personal injury attorney is compensated via contingency, which means they are only paid if you win. If there is no value in your claim, most attorneys will not take it on.
The reality is that if the injuries didn't profoundly affect your life financially or emotionally, compensation is unlikely to be granted. Additionally, the upfront expenses associated with filing a personal injury claim can add up, so a lawyer will determine whether or not there is a reasonable return on investment. A lawyer wants to be confident that their client's personal injury claim is worthwhile and valuable to everyone.
Do You Need a Personal Injury Lawyer?
You need a personal injury lawyer like Brandon J. Broderick at your side, who will support you in seeking compensation if someone else's negligence resulted in injury. In order to build a thorough claim, we need to access the information surrounding your injury as quickly as possible.
If you were hurt and are thinking about pursuing legal action, our team of skilled personal injury attorneys can help. Our goal is 100% client satisfaction. Call us today to discuss your case.
We provide legal service to New York, New Jersey, Connecticut, and the surrounding Tri-State.