One of the most frequent questions a personal injury attorney gets is “do I have a case?”
This is actually not an easy question to answer because a potential case requires investigation into how the incident occurred, whether the negligent person/company as insurance and whether your injuries and damages are significant enough to present your case in a court of law.
Here are the three elements that comprise a personal injury case:
In order to pursue a personal injury case, you need to prove that the person/company involved in causing your injuries was at fault or negligent. To establish this, we need to look at the factors surrounding the incident. For example, if your injuries came about as a result of a car crash, we will need to find witnesses to the accident to confirm that you were driving safely and/or had the right of way. If those witnesses cannot provide this information or say that you were yourself negligent, then your case will be difficult to argue.
Even if the party that injured you does not have insurance, you may still sue to obtain a judgment against them and then try to collect that judgment through a collection proceeding. Things are much easier if that party has insurance because the insurance company will usually try to settle your case first. If they are not successful, they will pay the judgment after a jury has rendered a verdict in your favor.
The last major component to a personal injury case is the actual damage inflicted. If you wish to pursue your claim, it is imperative that she seek medical attention immediately after the incident to determine the nature and extent of any possible injury. Waiting too to go see a doctor will more than likely cause your case to be negatively impacted. This is because a jury and/or an insurance company may not feel that you were not injured in the first place and are simply seeking extra compensation.
At Stapleton & Barrera, we will sit down with you and go over the details of your case point by point to determine whether or not you have a viable personal injury case. If you do, we will aggressively defend your rights in court and get you the settlement you deserve. Don’t wait any longer: call us for a free consultation today!