What makes a good personal injury case?
The elements of a good personal injury case are liability, grounds for damages, and collectability. A case must also have strong evidential support in order to withstand challenges from the other side.
Do you have a good case for receiving compensation?
Life is full of risks. Even the simple act of taking a shower entails some possibility of harm. There’s a difference, however, between injuries caused by bad luck and those that are caused by a party’s negligence or intentional ill will.
In the latter case, the American legal system provides ways for accident victims to receive fair compensation for their injuries, suffering, and related expenses.
At the same time, judges and juries are aware that some people may try to abuse the system in hopes of a quick payday. Preventing this from happening is the reason for the stringent standards that govern personal injury cases.
What are these standards?
We can break them down into four categories:
- Liability: In order to collect compensation from an individual or organization, you or your personal injury lawyer must first establish that the other party is liable. For example, a storeowner who ignores a safety hazard such as a loose stair rail or slippery floor is probably liable for any injuries that result.
- Damages: In order for your claim to hold up, you must have suffered some type of harm as a result of the liable party’s actions or oversight. For example, let’s say that a store owner failed to replace missing floor tiles, causing you to trip and miss a month of work. In this case, you have suffered physical and financial harm, giving you grounds to seek legal action.
- Collectability: The liable party must have the financial resources available to compensate you for your damages. Otherwise you may have no way to collect the compensation that’s rightfully yours.
- A strong evidential basis: Sometimes liable parties do the right thing and own up to their mistakes. Other times, however, they may try to weasel out of their responsibilities. To prevent this, you or your personal injury lawyers must be able to prove your case.
What you can expect during the process
Presenting a winning case takes careful, systematic preparation with the help of a qualified personal injury attorney. Here’s how the process typically takes shape:
- An initial consultation: The purpose of this meeting is to establish whether you have viable grounds for seeking compensation.
- The fact-finding phase: Your law office will investigate the circumstances surrounding your injuries, both to establish that you have suffered damages and that the at-fault party is liable.
- The demand letter: This is a formal communication from your attorney to the liable party, requesting a specific amount of compensation and detailing the reasons why you are entitled to the funds.
- The negotiation phase: In most cases, the other side will either deny that liability exists or counter your attorney’s demand letter with its own offer. Sometimes these matters are resolved through back and forth between both sides. Other times the situation ends up in court.
- The concluding phase: This is the point at which you receive actual compensation for your injuries and related expenses. Achieving the best possible outcome from this phase of the process takes the help of capable Los Angeles personal injury lawyers, a topic we’ll turn to now.
Choosing the best law firm to handle your case
As you can see, building a strong personal injury case is a task best left to legal professionals. How do you choose the right law firm to handle this important job? Here are some guidelines to keep in mind:
- Results speak louder than words: It’s important to choose a law firm with a proven track record. For example, the personal injury lawyers here at Ellis Injury Law have recovered more than $350 million for their clients over the years. Can others say the same?
- You should never pay out-of-pocket fees: Choose a law firm that offers free consultations and works on contingency.
- Good attorneys come to you if necessary: Many accident victims are unable to visit a law office due to complications caused by their injuries. Good personal injury law firms understand this fact and are happy to visit you in your home or hospital room.
Get in touch with Ellis Injury Law today to schedule your free consultation. When life knocks you down, we work to help you get back up. Our personal injury attorneys look forward to hearing from you.