What Do Personal Injury Attorneys Want To See In Cases?

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If you believe you have an argument for an injury claim or lawsuit, you'll probably also want to hire the services of a personal injury law firm—such as Siben & Siben LLP. Personal injury attorneys, however, will want to pursue cases they feel are good uses of their time. Every personal injury lawyer will have a slightly different view of what makes a case viable, but there are usually some commonalities. Attorneys often look for these three elements in injury cases.

Damages

For every personal injury attorney on every case, the goal is to obtain damages. In law, damages represent the compensation due to a party for the harm they've suffered because another party acted willfully or negligently. Without damages, a person has nothing to demand from a claim or suit.

The classic form of damages appears in slip-and-fall cases. Suppose a shopper in a grocery store slips on a patch of wet floor. Perhaps the wet patch is there because an employee mopped the area a half-hour before the incident and just left the water to dry. Even worse, maybe the employee didn't put down a sign warning people of the wet area.

Someone injured in this scenario would probably have a strong case against the store. Employees of businesses that invite the public in need to take steps to prevent people from being hurt. Anyone who might be hurt because such measures weren't present likely has an injury claim.

An Identifiable At-Fault Party

Foremost, a claimant must find a legally recognizable entity and be able to send them a demand for damages. The entity could be a person, organization, corporation, or government agency. However, the entity has to have a recognized name and legal status. For example, you can't sue a dog, but you can sue a dog's owner as long as you can determine who that might be.

Notably, the at-fault party may not be the most immediately responsible person. In the previous slip-and-fall example, the defendant would be the store and not the employee. Why is that so? The employee acts as an agent of the store, and the business has a duty to hire and train people capable of maintaining a safe environment for the public.

Evidence of Injuries

A plaintiff must also have evidence of medically meaningful injuries. If a victim suffered just a scratch, it doesn't matter how negligent the defendant's conduct was.

A personal injury attorney can assemble information from doctors, first responders, and witnesses to explain what happened and how you were harmed. Once they have enough support for a case, they'll send a demand letter to the defendant to start the claim process.

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29 March 2022

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I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.