Brian P. Azemika, Esq.
Law Office of Brian P. Azemika
Roseville Location
916-245-5059
Sacramento Location
916-794-5151
Personal Injury Attorney Brian Azemika represents injury victims involved in car/auto accidents, trucking accidents, Uber/Lyft accidents, motorcycle accidents, dog bites, animal attacks, premise liability cases & slip, trip and fall accidents.
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Every day, Americans go through a horrible experience that ranges from a car accident to being bitten by a dog or slipping on a freshly polished floor. However, one of the most common questions victims ask is if they have a strong personal injury case? It is an essential question because, for many, that slip and fall or rear-end collision has put them in a financially tough spot, requiring monetary compensation to help them get out of their predicament..
So how do you know if you have a strong personal injury case? Well, the best person to answer this question is a personal injury attorney. However, there are a few things that will help determine if your case is strong. We’ll go over these factors in this article.
Factor no. 1: Whose Fault Was the Accident?
If you were involved in a car accident, then you need to determine whose fault it was. If it was a slip and fall, was it the fault of management of the property that there wasn’t a “wet floor” sign posted or did you not read the sign posted? Victims of personal injury incidents caused by the negligence or an error on someone else’s part merit seeking legal redress.
It is essential to highlight that depending on which state you live in, the law defines “fault” differently. The comparative fault and negligence laws often vary, but they will dictate if the person needs to be 50% at fault or if both parties are at fault 50-50.
Factor no. 2: Did You Incur Injuries?
Now another way to know if you have a strong personal injury case is if you were injured by the person’s negligent actions. In a personal injury case, the victim has to be injured for the case to proceed. For instance, if you were driving and another driver dangerously cut you off, and that scared you, that usually does not merit a personal injury case. So, there has to be physical harm, one that requires medical attention.
Factor no. 3: Were Your Injuries Caused by the Accident?
The third most important indicator of a strong case is if it is clear that the accident caused the injuries. While it can be a complex question, that’s where being represented by a personal injury lawyer is critical . The case can become especially complicated if the victim has a pre-existing condition. For instance, a person who has demonstrated issues with their neck in the past was involved in a car accident, and that worsened it, then it has to be ascertained how much worse the accident made it? Again, a personal injury lawyer will have the experience and knowledge needed to prove complex issues like this in your case.
Conclusion
We understand that you might be eager to determine if you have a strong case for which even this article may not entirely suffice. Our advice is to seek out a reputed personal injury lawyer. Most lawyers offer a free consultation, and during that, they will determine if the case has some merit to it. If not, they will tell you outright. If anything, that will save you time and effort while highlighting why the case isn’t strong or, even if it is strong, then the reasons for its strength.
If you have questions about your accident, give us a call to schedule a free consultation of your case.