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Evaluating a Personal Injury Claim

| Jun 14, 2012 | Personal Injury |

If you’ve recently been injured due to somebody else’s negligence, you may be wondering whether or not you have a case and how you should proceed. After seeking medical attention, your first steps should involve preparing the facts of your situation for personal injury attorneys. In doing so, it may be helpful to keep in mind the three general areas by which any attorney will evaluate your case.

  • The Nature of Your Injuries: Obviously the nature and extent of your injuries is extremely important for any personal injury litigation. While it seems logical to assume that more severe injuries are likely to win better settlements, this is not always true and everything needs to be evaluated on a case-by-case basis. Therefore, it is extremely important for you to be able to provide a full description of your injuries complete with medical and specialist reports before proceeding with litigation.
  • Strength of Your Claim: Even if your injury seems to be pursuable, you hardly have a claim when it is difficult to pinpoint the cause of your injury. In some cases, plaintiffs could be found to have been responsible for their own injuries and may even end up not receiving any compensation. In other cases, the defendant may have extremely powerful legal defenses like absolute immunity or governmental immunity. In light of all this, try to provide the attorneys you consult as much evidence of the incident, including police reports or witness accounts.
  • Collectability of Your Case: In some scenarios, you may serious injuries that were obviously caused by the defendant, and still not have a viable case. For example, if the defendant has no money, resources or insurance with which to pay a settlement, your case will be unlikely to result in the sort of recovery that you need. In some situations, an attorney can help you find a more viable defendant or help you file a claim against your insurance company.

Of course, the best way to find out how viable your personal injury case may be is to get in touch with an experienced personal injury lawyer as soon as possible. Contact The Kyle Law Firm for a free consultation today.

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