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What Makes a Personal Injury Case

On Behalf of | May 15, 2015 | Personal Injury

Countless personal injury cases are brought to lawyers every year, but many are turned down. Whether or not a case is accepted is defined on 6 points, according to John Day, a personal injury attorney from Nashville, TN.

The first point is whether or not there is legal responsibility. An example of this would be a guest in a restaurant falling down due to a wet surface and injuring his or herself. Was there a prior injury? Was the floor marked with a caution sign? The answers could determine whether or not a case is accepted.

The second point Day makes is whether or not accountability can be placed on the defending party. Is it clear that one party is responsible? Are the facts clear and irrefutable? Does the injured party hold any blame? From the prior example, the key point would be if the wet surface was roped off.

The third is whether or not the person was injured in the first place. If there is no evidence that the incident occurred, then there is no case.

The fourth is highlighted by the question of prior injury. If there was already an existing injury, the depth of which blame can be placed is blurred.

The fifth is whether or not the party at fault can pay for the injury. If there is no insurance or property, then no money can be obtained, and the case should not be pursued.

Lastly, the sixth point is whether or not the case can be taken on a contingency basis. Preparing a case for trial is an expensive process, and depending on whether or not the case is favorable will effect if it can be taken.

If you or someone you know has been injured, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 800-594-4884.


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