Schedule a free consultation with a personal injury attorney for a preliminary assessment of these three factors.
If you have been injured in an accident that was not your fault, it is certainly worth your while to consider the possibility of bringing a personal injury lawsuit against the responsible party or parties. You can call the Law Offices of Fernando D. Vargas to schedule a free initial consultation and learn how your case measures up on each of these 3 must-have factors in a personal injury case.
Significant Injury
If you have not been seriously injured, it is probably not worth your while to file a claim. The ideal personal injury case would involve an injury that is not only serious, but easily documentable. This limits the defendant’s ability to accuse you of faking or exaggerating your pain and suffering. In addition to being able to establish the present cost of your injury via your medical bills, it is also important that you find an expert doctor who can provide a detailed prognosis for your recovery. This will help ensure that your attorney is able to seek sufficient damages to cover your future medical needs as well as life changes associated with the injury.
Proof of Liability
Another vital factor for a successful personal injury case is evidence that establishes who was liable for the accident that led to your injuries. This evidence could take the form of a police report, eyewitness testimony, or photos documenting the scene of the accident. While it is possible to pursue a claim in cases where you were partially responsible for the accident, this will reduce the amount of your settlement.
Potential for Recovery
Finally, in order to actually receive compensation for your damages in a personal injury case, the defendant must have the means to pay these damages. Your attorney will evaluate the potential for recovery in your case based on the following factors:
Insurance limitations: Personal injury settlements are often covered by insurance—either by car insurance in the case of a traffic accident, by homeowner’s insurance in the case of a dog bite, or by liability insurance in the case of a slip and fall at a business. If expecting to recover from insurance you must ensure that the claim is made within the insurance policy’s time limit and that the amount of damages does not exceed the coverage provided by the insurance policy.
Financial circumstances of liable parties: If you have suffered more damages than the defendant would be able to pay from their insurance, you will also need to consider their assets and income. If they are broke and unemployed, you are not likely to be able to recover any extra compensation from them.
Number of liable parties: If multiple parties had liability for the accident, you will have more potential sources for compensation. For example, if you were in an accident with a delivery truck, you could potentially sue the driver and the delivery company. Since companies tend to have deeper pockets than individuals, you would probably have a better chance of getting full compensation for your injuries.
