It is often assumed that the personal injury claimant has the upper hand when it comes to finding a personal injury lawyer. However, it should be noted that personal injury lawyers evaluate your personal injury case in order to consider whether or not it is worth pursuing. This article will discuss the elements a lawyer looks for when evaluating a potential personal injury case.
A personal injury lawyer will evaluate both the legal and financial aspects of a personal injury lawsuit. Whether or not you as the client feel the personal injury case requires a lawsuit, the personal injury lawyer knows that making a personal injury claim means being prepared to take the case to a jury trial if the defendant refuses to settle the matter. If you were to ask a lawyer to evaluate your personal injury case, he or she would consider the injuries and losses, liability and availability of a defendant with deep pockets or insurance.
Below are the following elements that are taken into consideration by personal injury lawyers when taking on a personal injury claim:
Liability - one of the first things a lawyer will want to figure out is, who is liable for causing the injury or the underlying accident? In some cases, the liable party will be another person, for example, the driver of a car that caused an accident. However, in other situations the liable party may be a manufacturer or retailer whose defective products harmed a consumer.
Losses as a result of the injury - the next element that a personal injury lawyer will look at is defining and quantifying the actual losses that resulted from the injury. Losses must be significant enough to justify the time and effort put into pursuing a personal injury case.
Therefore, if an injured person suffered only a minor injury that will heal in a few weeks or without having any substantial impact on their life, then it is probably not worth pursuing a claim.
However, if the injury is serious or if there is significant impact on the injured person’s earning ability or their ability to carry out day-to-day activities, then it is absolutely worth the time and energy to pursue such a case. It is important to realize that the primary factor that determines the worth of a personal injury case is the extent of the injured person’s injuries.
Financial considerations - from a practical point of view, money is an important factor in an attorney’s evaluation of a personal injury case. This is because money is usually the means by which an injured person is made whole. According to an attorney's perspective, the best cases are those where the defendant carries insurance that will cover the claimant’s injuries. This is because there is a near guarantee that any settlement or court order judgement will be followed up with an actual check.
However, when it comes to a defendant who does not have an insurance policy, this increases the risk of non-payment from a private individual.
For a free case evaluation seek out the best accident lawyers in Anchorage Alaska.