How To Identify A Good Personal Injury Case
By W. Chad McLain, Graves McLain, PLLC At some point in your career you, will be contacted by a potential client that thinks they have a personal injury case. If you have never handled a personal injury case, hopefully this article will give you some information on how to identify a good personal injury case and how to best take care of your potential client. Potential personal injury cases show up with an array of facts and different size damage models. These potential cases should be evaluated on a risk v. reward continuum.
MVA cases that we’ve achieved the greatest results on have had one of these issues, but the other factors were still able to make the case work – corporate defendants, aggravated liability, catastrophic injuries, etc.
Potential premises liability cases, such as trip and falls and dog attacks, are the next most common types of personal injury cases. In a premises case, the victim must show that they were injured as a result of a hidden dangerous condition that the landowner knew or should The most common personal injury case is a motor have known about and did not repair or warn the victim vehicle accident (“MVA”). A potential MVA case should about. In addition, the landowner may be liable if it be assessed through a few lenses to determine if you can be shown that the landowner had control of the can help the potential client. You first must determine instrumentality that caused the injury. Premises cases whether you can show that the potential client was are vigorously defended on liability asserting that the not at fault, or at least not the main cause of the MVA. “hidden danger” was open and obvious (i.e., the injured Next, you must determine the nature and extent of the party should have seen what caused them to fall.) potential client’s injuries, if any, caused by the MVA. Premises case command severe injuries to justify the Most people over the age of 25 have some form of pre- time and resources associated with prosecuting them. existing injury or condition that can muddy the water on You need to carefully assess the nature and extent of whether you can show that the MVA caused the injuries the potential client’s injuries prior to agreeing to take claimed. The last main area of inquiry is whether there on such a case. is applicable insurance coverage to cover the damages caused by the MVA. All too often we see MVAs that In dog attack cases, the injuries are not the primary result in serious injuries or death with little to no focus as they are often severe and disfiguring. The coverage available to compensate the victim or their main question in these types of cases is whether you family. MVAs involving commercial vehicles require can prove that the dog owner is responsible for injuries the same assessment generally, but are very complex, sustained. There are essentially two main theories of costly and require a level of knowledge and skill that liability – statutory strict liability and common law takes time and focus to learn. If your potential MVA negligence. Strict liability will apply when the attack involves a commercial vehicle you should contact an occurs within city limits, and does not require that you experienced personal injury attorney to assist you in prove the owner knew his dog had bitten before, just your assessment and handling of the case. Your ability that your potential client did not provoke the attack. to properly assess the complex issues and preserve When the attack occurs outside city limits, common law evidence early is the difference in success and failure. negligence will apply requiring that you prove that the owner knew the dog had bitten before your potential These very general tips are not to say that a great MVA client’s attack. This theory of recovery is a lot harder case won’t have something wrong with it - questionable to prove and will likely require a lawsuit to conduct liability, damages, coverage, or all three. Many of the discovery.
