The Personal Injury Corner – By: Sybil Bates McCormack, Esq.

"I’ve Been Injured in an Accident: Do I Have A Case?"

For an attorney, determining whether a particular individual “has a case” can be a fairly complex matter depending upon the nature of the circumstances precipitating the inquiry. It would be easy for a layperson to assume, for instance, that – if a person is injured when struck forcefully in the rear of his or her vehicle – he or she “has a case.” It would be equally simple to assume that a person who’d been “bumped” in the side of his or her vehicle – with no resulting visible damage to either automobile – does “not have a case.” In truth, however, most individuals who ask an attorney the question above are really posing another query subliminally. The true inquiry is, “If you take my case, will I receive a significant amount of money upon settlement or following a trial of the matter?”.

When I receive a call from an individual such as the one that I’ve described, I immediately notify the person that the short answer to his or her question is, “I really don’t know.” It would be deceptive of me to suggest anything to the contrary. Occasionally, I will speak with someone who has already spoken with several lawyers before he or she called Fincher Denmark & Williams LLC. Some potential personal injury plaintiffs “shop” their cases around in an effort to secure the highest bidder. In other words, they are looking for someone who will say, “I guarantee that I can get you at least $XXXXX dollars on your case.” A competent, forthright attorney will never make that mistake.

The proper appraisal of the value of any personal injury case should include an assessment of the following at a minimum: 1) the nature of the accident or incident that precipitated the injury or injuries; 2) a fully-informed evaluation of all injuries actually sustained; 3) a thorough review of any accident or incident reports that have been prepared about the event; 4) an effort to secure the statements of any independent eyewitnesses to the incident; 5) a competent awareness of the laws governing the particular type of incident at issue; 6) a familiarity with all documentation prepared by any provider(s) handling the prospective client’s treatment; 7) a clear picture of the availability of all potential insurance or alternative compensation sources; and 8) an appraisal of any ancillary documentation that may be provided by the client (such as lost wage information, photographs, pain and suffering documentation, etc.)

It is clearly impossible to fully evaluate the strengths and weaknesses of a particular individual’s case in the absence of the information above. In truth, a good personal injury lawyer ought to secure pertinent basic information in the course of a free telephone consultation and/or initial face-to-face meeting. Having assessed the minimal information at his or her immediate disposal, he or she ought to be able to make a sound decision whether to enter into a contractual relationship with the individual in question or to decline representation. With very few exceptions, he or she ought to refrain from “guesstimating” at the value until the information indicated above has been secured.

Disclaimer: This newsletter is designed to provide general information only. The information presented here is not intended to constitute formal legal advice nor is the provision of the same meant to result in the formation of a lawyer/client relationship.