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Do I Have A Case? The Borderline Cases


Posted On behalf of Pfeifer Morgan & Stesiak on Jul 17, 2012 in Advice

We’re often asked if the injury that a potential client has received is serious enough to merit at personal injury lawsuit, which can be a very emotional and time-consuming effort.

How do you know if you’ve been injured badly enough to justify taking the persons responsible to court for the damages?

There are a few things which a personal injury lawyer will take into consideration when weighing the pros and cons of pursuing a case:

1. How serious was the injury? This may sound like a completely relative and subjective question, but it isn’t. Your lawyer is concerned with whether or not the monetary costs incurred by your injury are significant enough to justify the effort and expense of a lawsuit (remember, your attorney gets paid out of the case’s settlement money). The attorney you speak to will want to know how much work you missed, how much you make, and what your medical expenses are. These costs should be documented.

2. How well-established is the liability? Can it be established from evidence and testimony that the injury was caused by someone else? How strong is that case? It won’t be worthwhile to pursue a case if there’s little hope of a settlement, and your attorney, who only gets paid if you win, will not want to pursue a case which he or she doesn’t think can be won.

3. Can a legal victory pay sufficiently to compensate for the injuries? If you’ve been hurt by someone who has no means of covering your medical and other expenses, and was not insured, it may not be worth pursuing civil action against them. This judgment call is one which an experienced attorney who has handled several such cases is best equipped to make.

In short, it’s difficult for a non-expert to be able to make such a difficult decision on his or her own. That’s why if you believe that your case may be winnable, even if it doesn’t seem incredibly likely to you, it’s important that you consult with an experienced personal injury lawyer.

Your first consultation is free, and it could be the most important conversation you ever have.