As a Philadelphia personal injury lawyer, clients come to me all the time with an array of fact situations in their personal injury cases. When a client comes in to see me, for an automobile accident case, there are basically three factors that are really critical when I’m looking at the case and determine whether I’ll take it, because quite frankly I don’t take every case. I don’t charge unless I win, and I am not going to take a dead loser.
One example of a car accident case most car accident attorneys wouldn’t take is a rear-end car accident representing the person that rear-ended the other. The passenger’s case against the rear ending driver may be a good case, but certainly not the driver’s against anybody (unless his brakes failed due to a mechanical failure due to the car manufacturer’s negligence).
So the first of the three factors that I look for in a case is liability, because if you were in the other car whose rear-end got bashed in then there’s the possibility of a case worth pursuing because you were just minding your own business, and somebody slammed into you so the liability in that case is 100% clear.
Liability means the state of being responsibly for something, and is especially relevant in terms of the law. But, why is liability so important? A personal injury lawsuit cannot be won without determining who is at fault, either totally or partially, or who is responsible for the accident and resulting damages. Without that assessment, the injured party is not entitled to recover for his or her losses.
So, the first thing I look for is were you responsible for the accident or was someone else responsible? Or was there a petitioning of the responsibility? Meaning was the responsibility split among those involved in the accident. Certainly, you can’t be more than 50% responsible in order to recover damages. If you are even partially at fault for the accident that injured you, the award you receive will be reduced by that percentage.
Stay tuned for part 2 to find out if you have a personal injury case worth something!
Joseph S. Mitchell III, Esquire has been an attorney in Philadelphia for over 20 years. He has helped hundreds of people recover damages in personal injury cases, and has time and again strategically got criminal charges thrown out or superb plea bargains. If you ever need a lawyer for personal injury, criminal defense, or a DUI matter, don’t hesitate to call Attorney Joseph S. Mitchell III, Esquire at (267) 627-4JOE (267-627-4563), for a free consultation.
