Getting hurt is never on anyone’s to-do list. It ruins your day, messes up your plans, takes time out of your life, and it just plain hurts. Our responses to these injuries vary — some people look immediately for the lawsuit and point blame to others, and some immediately blame themselves and do not consider that someone else may have contributed to the injury.
Once you or a loved one is hurt, it is a good idea to consider the circumstances of your injury — a legal claim may be in order.
The three basic areas of consideration in personal injury law are:
- Range of injuries — Clients who suffer mild to moderate injuries generally take a pass on filing a personal injury claim, regardless of case merits, because the damages they are likely to recover, don’t justify the burden and cost of litigating a claim. The more substantial the injury, the more likely a client is to prevail in court.
- Merits of the case — Sometimes clients do not have a substantive claim, despite having suffered substantial injuries. This is especially true if, for example, the client is responsible for his (or her) own injuries leaving them with no one to sue. It may be impossible (or at least improbable) for a client’s case to prevail if the defendant has some type of official immunity (e.g., absolute, qualified, or governmental) that legally exempts him (or her) from the penalties and responsibilities that apply to other citizens.
- Defendant’s financial resources — The defendant must have insurance, money, or other resources in order for you to collect a verdict or settlement. Therefore, even though you have suffered substantial injuries, and even though the merits of your case are strong, if the defendant doesn’t have adequate financial resources the cost of litigation may not be justified.
If you feel someone else may have been responsible for or contributed to your injury, contact a personal injury attorney. You can speak with someone at Nager, Romaine and Schneiberg Co., L.P.A. for a free consultation by calling 1.855.GOT.HURT (1.855.468.4878) or contact us by filling out our No-Risk Consultation form.