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What Constitutes a Good Personal
Injury Case?
The personal
injury Law Firm of Hill & Moin
represents clients with serious injuries such as: broken
or fractured bones; injuries requiring hospitalization
or surgery; scarring or disfigurement;
psychological treatment and injuries requiring physical
therapy or rehabilitation. If you have been seriously
injured contact us for a
free case evaluation.
A good personal injury lawsuit is one where the injured
party establishes liability and damages.
Liability for Injury
Liability is defined as an action committed by a
defendant or group of defendants that is recognized by
the law as wrong. Examples of liability include
driver negligence; improper maintenance of premises,
sidewalks and
facilities; nursing home negligence; dangerous
conditions on construction sites and other unsafe
conditions or acts.
Damages
Damages is a critical element in establishing a personal
injury case. Most experts
recommend that if no damages arise out of an accident, then a lawsuit should not be filed even if
there was liability involved. Personal injury damages
can be comprised of a variety of items including:
•
Physical injury
• Pain and suffering
• Scarring or disfigurement
• Medical
expenses
• Lost wages or loss of earning capacity
• Loss of household services
• Mental Anguish
• Wrongful death damages
• Physical impairment
• Punitive damages
In addition, most
courts allow for damages that occurred in the past,
before the trial, and ones that will occur in the
future, after the trial takes place.
Collectability
Collectability is when
the defendant must make good on their judgment.
Sometimes, a plaintiff will not be able to collect on
their judgment because the defendant in the case does
not have enough money to pay the judgment or does not
have the insurance that would normally cover a judgment.
If one or more of
these items cannot be proved by your attorney, you
chances of success are greatly reduced. Most lawyers
will recommend not going to court or filing a lawsuit
against a defendant if all three of these items are not
present. If you or a loved one are involved in an
accident that results in personal injury, consult an
attorney immediately to determine how long you have to
file a claim. Where a municipal entity is involved you
may have a relatively short period of time within which
to file a notice of claim, which is a pre-condition of a
lawsuit. You have the
right to receive proper compensation for injuries
which are sustained as the result of other people's
negligence!
Contact our team of
experienced personal injury attorneys now
for your Free Case Evaluation
Don't wonder
about your rights!
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