{"id":2591,"date":"2021-11-12T18:09:36","date_gmt":"2021-11-13T01:09:36","guid":{"rendered":"https:\/\/harshlaw.com\/?p=2591"},"modified":"2021-11-12T18:13:24","modified_gmt":"2021-11-13T01:13:24","slug":"the-two-most-common-questions-in-personal-injury-law","status":"publish","type":"post","link":"https:\/\/harshlaw.com\/the-two-most-common-questions-in-personal-injury-law\/","title":{"rendered":"The two most common questions in personal injury law"},"content":{"rendered":"\t\t
The two most common questions burning on the minds of individuals we speak with in our complimentary obligation case reviews, by far, are the following:<\/p>
\u00a0<\/p>
These are fair questions as they speak to the potential futility of any endeavor and measure the inherit risk vs reward calculation we all make in our daily lives.<\/p>
Before getting into a detailed answer, the simple explanation to this question is:<\/p>
You most likely have a case if you were injured or suffered a loss due to the negligence or inaction of a third party, whether they were only partially or completely at fault.<\/p>
Legal Theory – <\/strong>After an initial evaluation of your case, an attorney will determine the best method to proceed and, if there are multiple at-fault parties, the order in which to move forward.<\/p> Once an attorney determines your legal theory of the case, he or she will have a better understanding of the case involved and the potential expenses<\/em><\/strong> associated with taking on the case. Generally, the more complicated the case, the better it is for you to retain the services of a lawyer.<\/p> Liability – <\/strong>How clear is the liability of the at-fault party in your case? In most civil lawsuits, a lawyer must be able to show that the defendant acted in a negligent way. However, if a lawyer is not be able to establish liability, he or she may be unwilling to take the case.\u00a0<\/strong><\/p> Complex Legal Issues – <\/strong>If your case involves complex legal issues that may require the retention of experts, a lawyer may be hesitant about taking the case if the expenses outweigh the potential judgment or settlement – creating a financially risky situation for the lawyer. In this situation, a settlement may be an alternative to help avoid some of the expenses associated with proving these complex matters.<\/p> Damages – <\/strong>Law offices are businesses and need to generate a profit. Even if the other party was clearly liable for the accident and the attorney is assured that he or she will likely win the case, your case must be worth a minimum amount before an attorney may be willing to take on the case.<\/p> Solvency – <\/strong>The end goal in most civil cases is to obtain a monetary compensation for the losses incurred. If you intend on suing someone, find out whether he or she can pay the penalty levied against him or her.<\/p> Do you have a compelling case? The short answer is that your compensation is most likely to be far greater than the other driver’s insurance coverage.<\/p> Here are some of the factors that a vehicle accident compensation calculator used by insurance companies and adjusters when determining the settlement worth of your claim following a motor vehicle accident in California considers:<\/p> Insurance Policy Limits – <\/strong>The liability policy limit of the at-fault driver who crashed into you will act as an upper-limit of what a case is worth, in most situations.<\/p> Vehicle Damage<\/strong> – The cost of repair or replacement for vehicle damage.<\/p> Injuries<\/strong> – The type of injury. For instance, an injury to neck, back or spinal cord or a minor sprain or strain, that is now resolved. Also, brain injury, lost consciousness or post-traumatic amnesia are considered.<\/p> Employment<\/strong> – Including the length of time off work or whether you’ve been disabled from working due to a medical treatment.<\/p> Truck accidents and cashes involving commercial trucks<\/strong> -The bodily injury liability coverage limit for trucks is significantly higher than that of automobiles, in the event of an accident. Trucks are required by federal law to have $750,000 in bodily injury insurance. (https:\/\/www.fmcsa.dot.gov\/sites\/fmcsa.dot.gov\/files\/docs\/Financial-Responsibility-Study.pdf<\/a>)<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t If you have further questions regarding your case, the attorneys at Harsh Law are happy to help and answer any questions you may have.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":" The two most common questions burning on the minds of individuals we speak with in our complimentary obligation case reviews, by far, are the following: Do I have a case? What is my case worth? \u00a0 These are fair questions as they speak to the potential futility of any endeavor and measure the inherit risk […]<\/p>\n","protected":false},"author":1,"featured_media":2580,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2591","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/posts\/2591"}],"collection":[{"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/comments?post=2591"}],"version-history":[{"count":7,"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/posts\/2591\/revisions"}],"predecessor-version":[{"id":2598,"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/posts\/2591\/revisions\/2598"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/media\/2580"}],"wp:attachment":[{"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/media?parent=2591"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/categories?post=2591"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/harshlaw.com\/wp-json\/wp\/v2\/tags?post=2591"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Question 2: What is my case worth?<\/strong><\/h3>