Learn what key factors are required for successful recovery in a personal injury case.
If you have been injured in an accident due to the reckless or negligent actions of another party, you may be able to seek compensation for your suffering and expenses. However, you will of course need to be sure you have all the essential elements of a strong case in place if you hope to maximize your recovery. A skilled personal injury attorney like Michael A. Kahn can help. We’ll gather evidence to strengthen your position as much as possible to give you the best possible chance of securing a favorable settlement in or out of court.
Contact our law office today for a free initial consultation, and we’ll help evaluate the strength of your case in these essential areas:
Proof of Liability
Proving who was responsible for the accident that resulted in your injuries is absolutely essential to your case. It is possible for liability to be shared among multiple parties, and we can target more than one party in your personal injury lawsuit. For example, perhaps you were in a multi-car auto accident. Each driver who made an error may be partially responsible for causing the accident, and therefore also partially responsible for your injuries. Even if you were also partly responsible for the accident, as long as your share of liability is less than 50 percent we can still seek compensation from the other parties.
Proof of Injury
The second essential element is proof that you suffered an injury, and that this injury was directly linked to the accident. In most cases this is pretty straightforward, but if for example you already had a back injury that was then exacerbated by a slip and fall accident, things would get more complex. Your attorney can help by documenting your injury with photos and enlisting medical experts who can testify as to the cause of the injury.
Significant Damages
It is important that your potential for recovery outweigh the court costs and legal fees associated with bringing a personal injury claim against whoever injured you. If you have had high medical bills, if your injury has caused significant loss of wages or earning potential, or if your injury has resulted in a permanent loss in quality of life, your potential for recovery should be high enough to justify bringing a suit.
Viable Party to Target
Last but not least, you want to be sure that the person or entity responsible for your injury has the ability to actually deliver any compensation you may secure through your lawsuit. Typically their insurance should cover the bulk of the settlement, but they may also have to liquidate assets or have their wages garnished in order to provide the full amount of compensation that has been ordered by the court. Unfortunately someone with no assets, no income, and no insurance could escape financial responsibility for their reckless or negligent actions.
