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Do I Have a Personal Injury Case?

By Ephrat Livni, Esq. | Last updated on

A great way to make a lawyer crazy is to ask the question in this headline. You may indeed have a personal injury case. But a good lawyer will not determine the merits of your case without detailed exploration.

If you have been injured, and if that injury seems to stem from someone's negligence, chances are good that you have a legitimate personal injury case. Each case varies, however, and there are slight variations in the law from state to state, so it is not wise to make broad generalizations.

The Devil and Damages Are in the Details

Slight factual or circumstantial differences in a matter may make all the difference between a successful claim and one that fails. That is why comparing seemingly similar cases will not tell even an experienced attorney the outcome from one matter to another.

In order to make a determination about your negligence claim and assess potential damages, an attorney needs a lot of information. Much of that info will not be based on things you know.

The lawyer needs to look at medical records and communications with different potential parties to decide who is responsible, what happened, what should have happened, what went wrong, and what damages might be claimed. Your lawyer will have to show that you suffered an injury resulting in compensable damages.

Figuring out each element of the claim involves work and research. So, although an attorney may get a good sense of your case after a consultation, it can sometimes takes months for all the nuances in a case to make themselves known.

Time Limits Demand Rapid Action

There are statutes of limitation that dictate how much time you have to make a claim. The time limits vary from state to state but their existence dictates one approach to personal injury across the land.

Do not dawdle. No lawyer can tell you whether you have a case without information. Your attorney will need time for research and record collection.

The sooner you get started, the better it is for both you and counsel. If you cooperate with counsel and you exercise some patience, you will soon enough know whether you have a personal injury case.

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