The most important question you can ask your personal injury attorney is something you should ask during your very first meeting because everything you do afterward depends on the answer.
Do I Have a Winning Case?
The most important question you ask your attorney is “Do I have a winning case?” This matters because if you do not win your personal injury lawsuit or if you cannot negotiate a settlement, you will receive exactly $00.00 to compensate you for injuries. If you are going to fight for a settlement, you should know up front what the chances are that you will get one.
Winning cases usually involve the following three things: Injuries, Other-party fault, and good evidence.
In good PI cases, the injuries must be substantial and related to the accident. I had a client with pancreatitis that was not debilitating, and we could not prove that the accident was the primary cause of the disease. The client had other risk factors. I did not win that case because the foundation for damages was not there.
You cannot recover damages from another party if you were at fault for the accident. That should be obvious, but it is an important distinction. If you were injured in an auto accident, the other driver is not automatically at-fault for the accident, even if they got the ticket. You will have to prove that the party acted negligently or did something they should not have that caused the accident. If the fault is disputed, in a situation where one driver ran a light, but another was texting while driving, the cases get complicated, and they are much harder to win.
It does not matter if you are seriously injured by a reckless person if you cannot prove it. Good personal injury cases are built on solid foundations of evidence. Police reports, pictures, videos, medical diagnosis, and witness make good evidence. You need as much evidence as you can find.
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