When you first meet with personal injury lawyers to discuss your case, one of the first things they will do is a comprehensive case evaluation. There are several key factors they consider to determine the strengths and weaknesses of your claim. Their evaluation helps them advise you on the best legal options moving forward.
Gathering information
Your lawyer will ask for detailed information about the accident and your injuries. Important details include the date and location of the incident, how your injuries occurred, and any witnesses. They'll also want to see all relevant documentation like medical records, bills, loss of income information, police reports, and photos. Providing as much information as possible is crucial for building a strong case.
Determining fault
One of the most critical parts of the evaluation is determining the fault for the accident. Your lawyer needs a full understanding of exactly what happened to identify the potentially liable parties. Things like accident site conditions, vehicle positions, and witness statements help establish who was negligent. Establishing fault is key to proving your claim and holding the responsible parties accountable.
Assessing injuries and damages
Your lawyer will thoroughly review your medical records to understand the severity and prognosis of your injuries. Long-term effects, permanence, and future treatment needs are considered to quantify the damages. Economic damages, such as lost wages, medical expenses, and property damage, will be carefully calculated. Non-economic damages for pain and suffering require more subjective analysis, and your lawyer will help you understand how these factors might affect the potential value of your case.
Reviewing evidence
Every piece of evidence will be carefully reviewed for its ability to support elements of your claim like liability and damages. Direct evidence, such as photos, recordings, and eyewitness accounts, carries substantial weight. Circumstantial evidence provides context but requires inferences. Your lawyer will work to gather as much evidence as possible to build a strong case in your favor.
Potential defenses
Your lawyer will also consider potential defenses that the liable party may raise. For example, comparative negligence defenses require analyzing any contributing actions by the injured person. By identifying and preparing for counter-arguments, your lawyer will be able to strengthen your case and anticipate potential challenges.
By thoroughly assessing these factors, your lawyer can gain a solid understanding of your claim's merits and challenges. Their evaluation equips them to offer candid advice on settlement possibilities or the likelihood of success if litigation is pursued. It's a crucial early step in understanding how best to seek the compensation you deserve.