How do you know if your claim is valid? The validity of a case can depend on many factors, and we can help you understand common reasons why an attorney might accept or reject a case.
Have you ever thought you had a solid legal claim against someone whose negligence hurt you, but an attorney refused to take your case? That can be a confusing and disheartening moment.
In order to assess the validity of your case, a lawyer will carefully analyze various factors. By applying their knowledge of New York personal injury laws, they can determine the strength of your case and advise you on the best course of action.
Anthony A. Ferrante is a renowned attorney who serves personal injury victims across Brooklyn.
At our firm, clients receive quality personal attention that helps ensure they get the best possible outcomes for the legal issues they are facing.
What Do You Need to Prove in a Personal Injury Lawsuit?
If you want to win damages or other remedies in a civil case, you need to prove that the party you are suing engaged in wrongdoing that caused you harm.
There are many types of civil misconduct you can sue over, including:
- Intentional infliction of emotional distress,
- Professional malpractice,
- Breach of contract, and
These are not the only offenses that can subject someone to civil remedies, but this list gives you an idea of your options when holding someone accountable for their wrongful actions. Now that you know your options for filing a lawsuit, let’s look at what might inspire an attorney to take your case.
What Does an Attorney Look for Before Taking a Case?
Finding a skilled attorney who can represent you is crucial to the success of a personal injury case. A good attorney knows how to determine whether your case has the potential to win at trial, but you can help the process by having the right information and attitude at your initial consultation.
Do You Have Medical Reports or Reports from a Repair Person that Show the Defendant Caused Your Injuries?
A central fact that you must prove in a personal injury case is that the defendant caused the harm you suffered. In many cases, the best way to prove this fact is with healthcare reports or repair estimates that link your injuries or losses to the defendant’s actions.
Any medical or property damage you suffer should be addressed immediately after an accident or incident occurs.
By having a healthcare professional or repair person examine you and your property right away, you make it easier to prove that the at-fault party in your case caused your losses.
If you wait too long to receive medical care, repairs, or evaluations of the harm you endured, a defendant or their insurer is likely to reject your claim and say your injuries were not caused by the incident in question.
But do not give up on your case if a significant amount of time passes between suffering injury and seeking professional help. Speak to an experienced attorney to see if you still have a chance to win your case.
Can You Explain How You Were Harmed?
Many successful claimants in personal injury cases win awards that compensate them for their economic damages and their non-economic damages.
Economic damages cover your actual financial losses from an incident and can include medical costs, wage loss, and repair costs. And non-economic damages compensate you for your pain and suffering after an incident.
When you speak to an attorney, you should be able to identify all of the actual financial losses you experienced because of the defendant’s misconduct. You should also be able to explain all the ways your life has changed since the incident, so an attorney can understand the extent of your pain and suffering.
To help an attorney see the damages in your case, you should prepare and bring the following information to a consultation:
- Medical records,
- Repair estimates,
- Invoices and receipts,
- Pain diaries,
- Detailed notes about the changes in your life,
- Wage records,
- Work schedules, and
- Witness information.
This information can not only help you during an attorney consultation but can also be submitted as evidence in a trial or settlement negotiation.
Do Your Damages Outweigh the Potential Legal Costs?
Whether you pay in money, time, or stress, litigation or negotiation of a claim can be costly. Because the cost of litigation is high, you want to make sure your potential to recover damages is greater than the cost of adjudicating your claim.
An experienced attorney can determine whether you stand to lose more than you could gain in a personal injury case, and they can show you the best options for resolving your dispute.
Do You Have Realistic Expectations?
No two legal claims are the same. Some plaintiffs are likely to recover a lot of money in legal actions, while others might recover modest amounts of compensation. If a claimant refuses to accept that their case is worth a smaller amount of money, an attorney will likely hesitate to represent them.
But if a claimant is receptive to the realistic value of their case, an attorney can help them find the best (and most cost-effective) legal solutions to recover and maximize damages.
Speak to Anthony A. Ferrante Today
If you want to know whether your case is valid, speak to a seasoned attorney. Anthony A. Ferrante has over a decade of experience helping personal injury victims in Brooklyn recover the best settlements and awards possible.