Personal Injury Case – what do you need to prove?
What Makes a Good Personal Injury Case?
If you have been injured in an auto accident or in a business, you may be wondering what makes a good personal injury case. Before a personal injury attorney will take your case, the attorney will look at several factors to determine if the case is worth pursuing. You should personally review these items before you contact an attorney about your case. This will save you time and money on the consultation process. Many attorneys will not charge unless you are awarded damages for your injury and are therefore cautious about taking cases without valid reasons.
The first thing you must prove to win your personal injury case is that the defendant is liable for the damages caused. The defendant must have a duty to you and must have breached that duty. In an auto accident, a ticket issued to the defendant for a traffic violation causing the accident can prove the defendant had a duty and that he violated it. If you are injured in a slip, trip or fall, you will need to prove that there was a hazard on the ground that had been there long enough for the defendant to take care of it, and that he had a duty to do so.
You must prove that the defendant was the cause of your injury. In a car accident case, if the defendant was speeding and lost control, he was likely the cause of your injury. However, if another car hit him and and then he hit you, he may not be at fault.
The next thing you must prove before your personal injury attorney will agree to take your case is actual damages. These must be real injuries such as broken bones, spinal damage, stroke or heart attack caused by the accident. A good personal injury attorney will not take a case based on fake injuries or refer you to their doctor in order to increase the amount of medical bills in your case. In order to prove real damages you must have been treated immediately after the accident and be able to provide medical documentation proving the extent of your injuries.
Because most personal injury attorneys do not charge their client unless they are awarded monetary damages in their case, they will thoroughly check the defendant’s ability to pay on the claim. This will include checking the status and amount of coverage available through insurance. If they find the defendant has little to no insurance coverage, he or she will advise you that your chances of collecting on the judgment are not good.
If you are unsure of whether or not you have a valid personal injury case, contact a personal injury attorney immediately to have your potential case reviewed.
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Sean C. Paul is licensed to practice law in the State of Missouri. His practice is located in south St. Louis County. He can help you with your personal injury case.Sean C. Paul will give you the individual attention you deserve. He will meet with you one-on-one to determine if he can help you win your personal injury case. |