Learning How To Recover

Answers To 3 Common Questions About Personal Injury Law

22 May 2015 by Susie Torres

Being injured in an accident is a scary thing--and, for many people, trying to determine their legal rights can be scarier still. This needn't be the case, however. If you have been injured in an accident and are considering pursing a personal injury case, read on. This article will provide answers to three commonly asked questions about personal injury law.

Do I have a legitimate personal injury case?

There are two basic criteria for building a successful personal injury case: fault, and extent of injury. First, there must be fault involved. For instance, say you were rear ended while waiting at a red light. In this case, there can be no question that the other driver was at fault. Of course, establishing legal fault isn't usually such a cut and dry procedure. Rather, fault is often established through proof of negligence. To prove negligence, there are four legal elements that must be involved:

• a legal duty
• a breach of that duty on the part of the defendant
• causation, which is proof that the defendant was the cause of the injury
• damages, i.e. the expenses that the injury caused you as the plaintiff

Yet even if negligence can be established, in order for a case to be worth pursuing, the second criteria--the extent of the injury--must also be considered. This requires consultation with a doctor, who will make a reasonable assessment of your injuries, while taking any pre-existing conditions into consideration as well. Whether or not you have a strong case has just as much to do with the doctor's medical evidence as with the presence of fault.

What role will I play in the case?

It is important to realize that you will play a large role in the case. This doesn't mean that you need to start learning the ins and outs of the law--that's what your lawyer is for, after all. But it takes more than accident and medical records to build a compelling case. Just as important is your ability to convey the impact of the injury on a personal level.

Many personal injury cases end up being resolved out of court. Yet it is still important to think in terms of how a jury would respond to your case. Remember that a case is not just facts--it is also the story that gets told about those facts. The sincerity with which you present yourself will go far in determining how a jury responds to your case.

What should I bring with me to the first consultation?

When meeting with a personal injury attorney for the first time, be sure to bring anything at all that you think may be relevant to the accident. If you are calling a lawyer soon after your injury, you may not have a copy of the accident report yet, but if you do, be sure to bring it. Likewise, if you have been involved in an automobile accident, bring a copy of the information you obtained from the other person. And if you have already been to see a doctor about your injury, bring any medical reports about your treatment--as well as your medical bills.

Finally, bring along a copy of your own insurance policies. Your attorney, like one from Lerner, Piermont & Riverol, P.A., will be able to read through these and help to explain what sort of protection they can afford you. For instance, many people involved in automobile accidents are surprised to learn that they can collect medical payments coverage from their own policy, in addition to what they receive from the other party's insurance policy.

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