How to Know if You Have a Personal Injury Case

Posted on behalf of Henness & Haight on Aug 05, 2015 in Personal Injury News

Personal injury attorneys receive the question all the time of whether a potential client actually has a case or not. Such questions can be sensitive, and the attorney has to tread carefully to address the issues at hand, but still be honest, forthright and ethical with regard to his or her practice. In some ways, the answers are cut and dried, while in others the issue can be nebulous.

Are You Injured?

This may seem like an obvious question, but it is one that needs to be asked. Have you actually suffered an injury? If you haven't been injured, there is almost certainly no case. While personal injury cases often involve emotional damage and "pain and suffering," there still usually has to be a physical injury in order to proceed with building the case. This is because, in the absence of physical injury, it is difficult to prove emotional damage. However, this issue, like many falling under the purview of personal injury law, is not black and white. You may still have a situation in which significant personal trauma was suffered to the point that the case can be pursued.

Severity of Injury

The attorney will likely follow up with inquiries as to how serious your injury was. How badly have you been injured? Was it a minor case of bumps, bruises, and cuts? Were you sore for a few days and then recovered? If this is the case, you may not be able to pursue recompense for damages. Again, this is not cut-and-dried. Technically, in the eyes of the law, there can be a case even for minor scrapes and bruises. That being said, for the time, effort and expense you will incur based on the amount you stand to recover, it may not be worth pursuing. An experienced attorney, however, can give you an expert opinion.

Determining Fault

Were the injuries you suffered really caused by someone else? Personal injury law requires you to be able to prove that someone else was at fault for your injuries. That is, you need to have someone that behaved in a negligent manner which directly or indirectly resulted in your injury. Every person is expected to use common sense and act in a manner that doesn't put others in harm's way. Liability for personal injury attaches when someone, through action or inaction, fails to engage this duty of care and causes injury to another.

What to Do

All of this is not meant to discourage you. If you think you have been injured and someone else is at fault, you should always meet with an attorney. The lawyer will ask you specific questions about the where, when, and how of the accident. They will ask if you have seen a doctor and if you are possessed of records. Visiting the scene of the accident is always helpful. Taking photos, talking to witnesses, and putting together all of the details can help in the end. A good lawyer will conduct a thorough investigation of the incident before advising you on your case. If you have been injured in an accident and need advice, we can help. Visit our firm overview page and contact us for a free consultation today! Personal injury attorneys receive the question all the time of whether a potential client actually has a case or not. Such questions can be sensitive, and the attorney has to tread carefully to address the issues at hand, but still be honest, forthright and ethical with regard to his or her practice. In some ways, the answers are cut and dried, while in others the issue can be nebulous.

Are You Injured?

This may seem like an obvious question, but it is one that needs to be asked. Have you actually suffered an injury? If you haven't been injured, there is almost certainly no case. While personal injury cases often involve emotional damage and "pain and suffering," there still usually has to be a physical injury in order to proceed with building the case. This is because, in the absence of physical injury, it is difficult to prove emotional damage. However, this issue, like many falling under the purview of personal injury law, is not black and white. You may still have a situation in which significant personal trauma was suffered to the point that the case can be pursued.

Severity of Injury

The attorney will likely follow up with inquiries as to how serious your injury was. How badly have you been injured? Was it a minor case of bumps, bruises, and cuts? Were you sore for a few days and then recovered? If this is the case, you may not be able to pursue recompense for damages. Again, this is not cut-and-dried. Technically, in the eyes of the law, there can be a case even for minor scrapes and bruises. That being said, for the time, effort and expense you will incur based on the amount you stand to recover, it may not be worth pursuing. An experienced personal injury attorney, however, can give you an expert opinion.

Determining Fault

Were the injuries you suffered really caused by someone else? Personal injury law requires you to be able to prove that someone else was at fault for your injuries. That is, you need to have someone that behaved in a negligent manner which directly or indirectly resulted in your injury. Every person is expected to use common sense and act in a manner that doesn't put others in harm's way. Liability for personal injury attaches when someone, through action or inaction, fails to engage this duty of care and causes injury to another.

What to Do

All of this is not meant to discourage you. If you think you have been injured and someone else is at fault, you should always meet with an attorney. The lawyer will ask you specific questions about the where, when, and how of the accident. They will ask if you have seen a doctor and if you are possessed of records. Visiting the scene of the accident is always helpful. Taking photos, talking to witnesses, and putting together all of the details can help in the end. A good lawyer will conduct a thorough investigation of the incident before advising you on your case. If you have been injured in an accident and need advice, we can help. Visit our firm overview page and contact us for a free consultation today!