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How can I tell if I have a case?

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Posted by McLaughlin Stern Staff(Questions:4:Answers0)
Asked on November 8, 2013 12:39 pm
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2 Responses to "How can I tell if I have a case?"
  1. Dena Sisk Foman says:

    You should always consult with an attorney to determine whether or not you have a case.

  2. Bill Abel says:

    In order to have an injury case, you need to meet four legal requirements. The person who injured you had a duty (a legal responsibility) to act a certain way and did not, meaning the person breached their duty to you. The next requirement is whether the breach caused an injury, and the final requirement is what is the amount of money associated with the injuries, also known as damages. In order to bring a claim you need to meet all four requirements. In contrast, the person who caused the accident can defeat your case by disproving any one of the four requirements. For example, if you are in rear-end collision and suffer a neck injury, the person causing the accident may admit that he did not drive safely and struck the rear of your care, and, as a result he is at fault. Even though he has admitted he had a duty and he breached that duty, he can still defend your case by claiming that the accident did not cause the injuries you are claiming or that you have no or minimal damages. As you can see, just because your case clearly meets one of the requirements, does not mean you have a case. In most cases, one of the requirements is more challenging to meet than the others. No case is perfect, but the law doesn’t require perfection, only that there is more evidence than not proving each requirement. The last consideration on whether you have a case is whether the person who injured you has an money to compensate you. The most common type of money that is available is through an insurance policy. After all, insurance exists to pay for people’s accidents and mistakes. Having an available insurance policy makes a critical difference as to whether you receive money for your injuries because if there is no insurance, most people do not have any money to pay for your injuries. As you can see, determining whether a case exists and whether there is money available to compensate you can be complex. So it is best to consult with an attorney to determine whether you have a case.

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