Elements of a Personal Injury Claim
Posted on December 20, 2017
If you have been involved in an accident as a result of somebody else’s wrongful actions it is likely that you may want to pursue a personal injury case. If you were to ask a lawyer to evaluate your personal injury case he or she would consider a number of elements to determine if your case was worthwhile. This article will discuss the different elements a lawyer looks for in a personal injury case.
A personal injury lawyer will evaluate both the legal and financial aspects of a personal injury lawsuit. Even if the case does not need to be litigated in court, making a personal injury claim is being prepared to take the case to trial if the defendant refuses to settle fair compensation. Elements a personal injury lawyer looks for in a personal injury case include the following:
- Liability – the first thing a lawyer wants to identify is who was responsible for causing the injury or the underlying accident. In most cases it is likely that the party responsible is another person, for example, a driver who caused the accident. While in other cases the liable party may be a property owner whose slippery floor caused the injury, or a manufacturer of a defective product that harmed a consumer.
- Losses from the injury – another important element is analyzing and determining the actual losses that resulted from the injury. It is important that losses be significant enough to warrant the time and effort involved in pursuing a personal injury case. If the injured person suffered only a minor injury that will heal in a week or two, without having any substantial impact on their life then it really is not worth pursuing the claim. However, if the injury is serious or if it has a significant impact on the injured person’s earning ability or day-to-day life, then it is absolutely worth the time and energy to pursue the case. It is important to note that the extent of the injuries are the primary factor that determines how much a personal injury case is worth.
- Financial considerations – from a practical point of view, money is an important factor in an attorney’s evaluation of a personal injury case. This is because money is usually the means by which an injured person is ‘made whole’. According to an attorney the best cases are ones where a defendant carries insurance that will apply to the claimant’s injuries. This is of great importance because if the defendant carriers insurance there is a near guarantee that any settlement or court-ordered judgement will be followed up by a check. Most attorneys will tell you that it is risky when there is no insurance policy to fall back on. Especially if the injured person is seeking to hold a private individual liable for an injury. Because if there is no way to actually collect money for your personal injury claim, then it is not practical to pursue it.
If you were involved in a Sylmar car accident, contact a personal injury lawyer for a case evaluation, advice and legal representation.