{"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
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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>

  1. Do I have a case?<\/li>
  2. What is my case worth?<\/li><\/ol>

    \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>

    Question 1: Do I have a case?<\/strong><\/h3>

    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>

    Question 2: What is my case worth?<\/strong><\/h3>

    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>