1. Liability: Who is at fault?
So the first step in determining if you have a perfect personal injury case is to make sure that somebody, other than you, is liable.
If we are talking about a car accident case, the person who hit you, made an illegal move, or cut you off, that would be the person that we would consider to be at fault. If it’s a property slip and fall case, then the person who owns the property is typically the one we say is at fault or liable for your injuries.
Now, if you are wondering “What happens if I’m at fault? if I’m liable?” Then there is no case. You can’t sue yourself and if you are at fault, then you are responsible for your injuries.
2. Determine Damages
Damages include injuries, what type of injury do you have? If you are involved in an accident and you have no injuries at all, then you have no damages. For you to sustain a personal injury case against somebody who is negligent and at fault, you have to have damages. It is an essential requirement. In a perfect personal injury case, you have a lot of damages. it is clear, visible, and undeniable.
3. Insurance or Assets
For the most part, if you are involved in an accident or an injury due to somebody else’s negligence, and you have undeniable injuries, that other person is liable and they should pay you for your injuries, medical expenses, pain and suffering, etc. But, where does that money come from? Most of the time, the person who is at fault has some type of insurance. This insurance kicks in and pays for your injuries as a result of their negligence. If we are talking about the perfect personal injury case, the party who is at fault or negligent has a big policy.
4. The Willingness to Treat
If you meet all of the above, the next step is your willingness to treat. Your case will need evidence to show the insurance companies or whoever will be paying for your injuries that you are actually hurt the way you say that you are hurt. If you are not willing to get treatment, see doctors, or if you need surgery to fix your injury and you don’t want to do it (more details on this in the video above), then your attorney cannot prove your injuries to the insurance company. They want to see medical records, medical bills, and this is a process.
5. Do You Have Patience?
This is the last step in determining if you have the perfect personal injury case. The reason you will need patience is because insurance companies will fight you. No matter how good your case is, they will fight you. They might try to blame you, minimize your bills, minimize the treatment, and the only thing you can do is fight back and fighting back takes time. If you trust your attorneys, and you are willing to have patience in the process, eventually, the insurance company is going to have no choice but to see things your way.
Injuries are nothing to celebrate, we can’t take back time, but at least we can fight to get you the compensation you deserve. I hope you found this helpful to analyze your case. If you have any questions, you can call our office and we can review your case. We work on a contingency plan which means, we don’t get paid unless you get paid.