It depends. Anyone can file a lawsuit at any time. But whether you have a case you can win is a completely different issue. People often ask, “Will you represent me in a lawsuit?” My answer is always the same: It depends. Fayan Law, P.C., does not file frivolous lawsuits. We only take cases involving legitimate claims.
Generally, two things must be present for you to have a viable case or claim – there must be liability and damages. In other words, someone must have failed to meet their duty to you, and, as a result of their actions (or inactions), you suffered physical injuries and financial damages.
For example, a car ran a red light and crashed into you in the intersection. Drivers have a duty to stop at red lights. Here, the driver failed to meet that duty by running the light, and they are liable for the accident. If you were injured as a result of the crash, then you also have damages. In this example, you likely have a good case against the driver of the other vehicle.
What if you ran the red light, struck another car and were injured? Your claim would likely fail since it was your conduct that caused the accident. What if someone else caused the accident, but you didn't get hurt? Your claim would also likely fail because of the lack of damages. You would still have a property damage claim for the damage to your vehicle, but there would be no claim for personal injuries or accompanying pain and suffering.
How Much Is My Personal Injury Case Worth?
Let's be honest – most people do not like talking about money. Money, however, is typically the only remedy available to you after being injured in a car accident or slip-and-fall. It is nearly impossible to evaluate the value of your claim at the time it happens.
First, the compensation to which you are entitled depends largely on the type and severity of your injuries, the length and extent of treatment, and whether you will require any future medical care related to your injuries. There are other factors, too, such as wages lost due to the accident. In the days following your accident, medical treatment is just starting, and the severity of your injuries is being determined. Any “case value” suggested at this time would be premature and pure guesswork. Don't let any attorney tell you differently.
Next, facts often come to light in the middle of pursuing a claim that shift the potential value significantly. Sometimes medical treatment is vastly different from that which was anticipated at the beginning of the case, or questions of liability arise. Always be wary of any attorney who provides you with a specific value at the beginning of your case.
I believe that my clients should focus on getting healthy, making their doctor's appointments and following all treatment and therapy recommendations. During that time, I will investigate and develop all claims to maximize their financial recovery. Clients are kept informed throughout the process and decide when and if to accept a settlement.
There are many factors that go into determining the value of a claim. The amount of money to which you are entitled after being injured varies greatly from case to case. Typically, it is based on several factors, including:
What Factors Determine The Value Of My Claim?
- The age and health of the victim before the injury
- The extent of the injuries
- The amount of medical treatment needed
- The ability of the victim to recover fully from the injury and return to a similar lifestyle
- Whether the victim was required to miss work because of the injury
- The presence of emotional and physical pain and suffering
- Future pain and suffering and future medical treatment and expenses