Will A Personal Injury Attorney Take Your Case?

Do you need a personal injury attorney or just an ice pack and some rest? Not every accident will warrant a lawsuit, and you may find some lawyers hesitant to take on your case without first asking you several questions in order to assess your claim for legal validity. While you don't have to have a near death experience to qualify for compensation, there must be reasonable evidence of physical or emotional pain that was directly caused by the negligence or harmful actions of another individual. So before you being the lengthy legal process, take some time to determine whether it is even feasible.

Ask:
One of the easiest ways to determine if you have a plausible case for a lawsuit is to simply call up a personal injury attorney and make an inquiry. Many provide complimentary consultations or have assistants review prospective cases, so you can get an answer without having to pay for the service. However, this method is not as simple as it may seem. While one lawyer may reject your case, another might see potential but require more details. It is worth your time to call around and ask and compare what answers you receive.

Medical Assessment:
Following an accident, a person's adrenaline is often pumping, and some injuries may be waved off or overlooked because there are no immediate visible signs or even pain. It can take days or even weeks for some problems to fully surface. A good example of this is whiplash after a rear-end collision. Many people then refuse medical assistance, only to realize later that it would have been helpful. If you suspect you may have been hurt, it is probably best to seek a doctor sooner rather than later. Even if you failed to do so initially, your personal injury attorney may recommend a visit to a doctor anyways. It is important to have a medical professional assess and validate any claims of physical pain and suffering in order to have a basis for a case. It is also important to have solid evidence that the problem was not from a preexisting condition or other unrelated event.

Negligence:
One of the most crucial elements of a lawsuit is a clear case of negligence. Take a slip and fall accident as an example. If there were clearly labeled warning signs in the area, and you still injured yourself, there is likely no strong basis for a case. If you use a product for purposes it was unintended for, such as placing a piece of metal into a microwave, the company would not be liable for the damages. Trespassing or entering a property uninvited and then coming to harm is normally not grounds for a lawsuit. The person being charged with negligence must have had reasonable duty of care. Drivers on the road, for example, have a duty by law to follow traffic regulations. Failure to do so resulting in a collision that causes harm to another driver or pedestrian, would be considered negligence. Regardless of the incident, there must be someone who clearly breached his or her care of duty.