Do You Have A Case?

Posted on: 8 April 2018

When the worst happens, and you get hit by a careless driver, you may wonder if you have a case worthy of a personal injury legal action. The way these cases are evaluated depends a lot on the level of harm caused and the related financial issues. To fully understand the answer to the question "do I have a case?", you must look at the situation from a personal injury attorney's point of view. Read on and learn more about what your attorney will do when evaluating your particular case.

Harm Done 

If there was no harm done, you don't have a case. There must be proof that the other driver's actions led directly to your injuries and other financial damages. From your first moment speaking to your attorney, you will be providing vital information about your case that allows the attorney to make a decision about representing you. In almost all cases the attorney won't agree to take your case unless you have a good one unless they are just overbooked.

Contingency Fee Agreements

The way that personal injury attorneys are paid is not just convenient for accident victims; it also will help you know your chances of prevailing through a settlement or in court. Few personal injury clients have ready cash to pay an attorney, so a contingency fee arrangement lets you get legal representation without up-front money. If you win your case, the attorney gets a certain percentage of the total judgment or settlement from those winnings as their salary.

Evaluating Your Case

It's a waste of the personal injury attorney's time and a disservice to you if they take a case that will only bring a small amount of money or cannot be won. At your first meeting, you will be providing the attorney with information about the case that will help them to evaluate its merits. Here's what the attorney is looking for:

1. Did the other party cause the accident?

2. Were there any witnesses to the accident?

3. Was there damage done to the vehicle?

4. Were any traffic laws broken by the other party?

5. Was there an arrest connected to the accident? For instance, the other party may have been charged with DUI.

6. What is the dollar amount of your medical expenses up to now and what future expenses can be expected?

7. Did the accident cause a death or a long hospitalization for you or a family member?

8. Have you been out of work a long time due to the accident?

These and other questions will be asked and will result in either an agreement to represent you, a referral to another attorney or a frank discussion about why the attorney doesn't feel that you have a good case. Only a legal professional can render an opinion about your accident and the way it's affected your life, so speak to a personal injury attorney as soon as possible.