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Questions a Personal Injury Attorney Will Ask During a Case Evaluation

personal injury attorneyWhen planning to see a personal injury attorney, it is important to understand that the lawyer needs to make a thorough evaluation of the case before agreeing to represent you. As such, a personal injury lawyer is going to have a sequence of questions that determine whether or not there is an actual cause of action. A cause of action means that there is the ability to sue somebody and successfully get a monetary judgment for pain and suffering.

The need for a thorough case evaluation

The law tends to be extremely narrow when it comes to how a person can sue somebody else, so it is important to get a thorough case evaluation before going down the long and complex process of preparing to file a lawsuit. Just because somebody was injured, does not necessarily mean that there is the potential for a successful personal injury case.

In addition, there needs to be provable damage. In other words, the actions or inactions of the at-fault party must have resulted in harm to the person bringing the lawsuit.

Where did the accident or incident occur?

Understanding exactly where the incident or accident occurred is critically important to the case. For example, if a slip and fall accident occurred outside of a department store, they may not be liable for that particular area. In the same way, if an accident occurred in the aisles of the grocery store, they could potentially be liable.

Knowing exactly where the accident occurred is also important to be able to assign blame and determine who is the right person to sue.

What was happening at the time of the accident?

As a personal injury attorney, it is important to get to the bottom of what exactly transpired in the immediate moments before the accident occurred. These facts will help to determine the negligence of the parties and, in turn, will help to determine if there is potential for a successful lawsuit.  For example, if a driver was flying through a neighborhood doing 15 to 20 miles over the speed limit, they are demonstrating negligence in any action that occurs because of it.

In this case, we can pin the negligence on the driver and there can be a valid personal injury lawsuit. Additionally, knowing what happened immediately before the accident can also help with timelines and identifying witnesses.

What was the damage?

In order for a personal injury attorney to properly prosecute a personal injury case, there must be damage. In other words, the person who is the victim has to have suffered injury or loss to their property. This is a critical component because if there is no damage, then there is no valid basis to sue the other party.

In order to determine damage, it is important to have a doctor’s evaluation for injuries, an assessment of property that may have been damaged, and the overall cost of correcting the damage. All of these can be used to determine how much to sue for.

Note: This is for information purposes only and does not constitute legal advice.