When it comes to personal injury cases, there are a lot of considerations that can affect whether or not your case stands a chance in court. During your initial consultation with a personal injury attorney, you will have to go through a lot of the details associated with the case in order to adequately evaluate its strength. Here's a look at some of the things that can affect whether or not it's worth pursuing your personal injury case.
Is There Clear Legal Liability?
One of the first things that your lawyer is going to look for is whether or not there is someone clearly legally responsible for the injury. If it's easy to determine who is legally liable for the case, it will be far easier to win. When there is no clear legal responsibility, such as in cases where the property owner and direct actions resulting in the injury are unclear, it can be difficult to pursue the case. Your attorney will have to do more extensive research to create clear and thorough documentation in support of the liability claim.
Can The Liable Party Afford To Pay?
Identifying the responsible party is an important first step, but it's not the only step. When you know who is liable, the next thing you need to determine is whether or not that liable party is able to pay a settlement. Whether it's through insurance coverage or personal resources, the responsible party needs to be able to pay for a case to be worth pursuing. After all, winning your personal injury case won't do you any good if the other party doesn't have the money to cover the settlement.
Did You Suffer Losses?
Injury alone isn't typically enough to justify your personal injury claim. In fact, a key part of the success of claims like this is to show that you have suffered financial losses as a result of this injury. This often means showing that you have incurred medical expenses, lost time from work, and possibly even lost time with your family and loved ones.
The losses you incur are a primary consideration when awarding your settlement if you win your case. Those losses are typically covered, plus you could also receive compensation for pain and suffering. Without financial losses, there's little to justify your personal injury claim.
These are a few of the most important factors related to your personal injury claim. Contact a personal injury attorney for more information.