It is the question every potential client asks. Usually they ask in the first minute after introductions. And I do not blame them one bit. The question is the linchpin of personal injury law.
Unfortunately, many people out there think they have a great case while the facts say otherwise. Conversely yet just as unfortunate there are thousands of people out there who have viable claims they just do not know it.
So in this post, I want to outline the three most important factors that determine not only the value of a personal injury case, but also if a case exists at all.
Liability
My case analysis begins with this factor. Who caused the accident? Who is being held liable? In my 20 plus years as a personal injury lawyer in the Philadelphia area, I’ve spoken to hundreds of people claiming to have a great case, only to find out they caused the accident themselves.
If another party is more than 50% liable for damages, you have the beginnings of a personal injury case and we can move to the next factor. If you are the liable party, then you need a different type of lawyer.
Responsibility
Sometimes, awful things happen to good people. In the world of personal injury, this sad truth often surfaces in the area of responsibility. No matter how careful you are on the road, some other driver may hit your vehicle and cause an accident. And if that person is uninsured or under-insured, then your injury claim is severely limited. The liable party cannot afford the responsibility.
Here’s an example:
Pat stops at a red light, but the car behind her doesn’t stop fast enough and rear-ends her. She suffers a severe neck injury and an ambulance takes her to the hospital. The damage to her person, car, and property totals $50,000. Unfortunately, the liable driver in the accident Joe only had $10,000 in accident insurance. Plus, he’s unemployed and doesn’t have any money saved up. In this case, the maximum recoverable amount is $15,000. Pat’s insurance will have to cover the rest.
So if the other party was more than 50% liable and can afford the responsibility through their full insurance, we can move on to the last factor. If, however, they have no insurance or their maximum payout cannot come close to the damage total, the injury claim won’t go far.
Damages
Hollywood loves to depict personal injury lawyers as cheap trick artists who lie about injuries and damages. That may happen elsewhere, but not in my house. The injuries and property damages that resulted from your accident must be real, tangible, and provable in a court case. Hard evidence such as a doctor’s report, medical bills, lost wages, and car repair bills are required in order to move forward.
It will not matter if the other party is liable and you are fully insured. If you did not suffer significant, provable damages as a result of the accident, there is no case to be made.
Free Consultations Are Key
The best and most effective way to determine the value of your injury claim is to get a case evaluation performed by a qualified personal injury lawyer. We can see through the insurance company tricks that attempt to limit the payments to the injured person. We will analyze the factors discussed above, as well as many other keys to a successful claim.
For those in the greater Philadelphia area who are reading this as they shop for a personal injury lawyer, I urge you to give me a call ((267) 627-4JOE (267-627-4563)). Philadelphia personal injury cases can be more complicated than you might imagine, requiring technical evidence, expert witnesses, and very specific legal knowledge.
At our firm, our promise is to deliver outstanding customer service. Our motto is More Service than You Would Expect. We strive to get the best possible results in the least amount of time using the most aggressive approaches possible at the most economical cost to our client. I will be happy to discuss the factors of your case during a free consultation.
