Do I have a personal injury case?
A question that I frequently get from clients is do I have a case? Most of the time my answer is that it depends. What they are really asking me is whether they have a case that I would accept. In order to evaluate whether or not a potential client has a case worth investigating, I have to determine a) what are the injuries? b) what is the liability? c) what evidence is needed to prove the case? d) who is the client? e) what is the venue and lastly f) when will the statute of limitations run.
Injuries
Perhaps the greatest determining factor that I use when deciding whether to take a case is the nature and extent of a client's injuries. When evaluating a clients injuries I ask whether they broke or tore a part of their body, whether they need surgery, what is the frequency of their medical treatment, do they have a permanent injury or a permanent limitation and lastly, would an objective observer (judge or a juror) find their injuries significant.
Liability
This means whether the person who has wronged them is legally at fault. This is a legal determination in which I ask did the person who caused the harm have a legal responsibility to the potential client and did they breach that responsibility. For instance, did a landowner have the duty to make that walkway safe, or did that doctor have a duty to perform a certain test, or did the motorist who crashed into my client's car have a duty to maintain a safe driving distance from my client.
Evidence
When evaluating a case, I ask what kind of evidence will be needed to prove the case. Is the evidence readily available? What does the evidence that I have know show? How can I get the evidence? How hard will it be to get the evidence? Lastly, how hard will it be to prove the case? The harder the case is to prove the less likely that I would take your case.
Who is the Client
A potential client has to appeal to a jury or judge. Is the client likable? Sympathetic? Can the jury relate to the client?
Venue
Certain venues are better than others. Juries in some venues are known to be very generous where juries in other venues are known to be very conservative. This can make a huge difference in the value of the case and a factor that every personal injury lawyer has to take into account.
Statute of Limitations
How much time do I have to do a proper investigation of the case? How long do I have to institute the lawsuit. Will I be able to do a proper investigation before placing the case into suit.
I hope that this has answered some of your questions regarding whether you have a personal injury case. If you would like a professional opinion as to whether you indeed have a case, please feel free to call the Law Offices of Jason B. Kessler at 1-800-346-6254. Our firm serves New York clients who are seriously injured.