Elements of a Legitimate Personal Injury Lawsuit

To have a strong case, your lawsuit must have three factors:
A solvent defendant
Liability
Damages

A solvent defendant means that the defendant in your case has some means of compensation for your injuries. This can be an insurance policy (most common) or personal assets, including money or physical assets. Without a solvent defendant, you cannot be compensated. For example, if you are somehow injured by a homeless person who has no money, insurance, or physical assets, that person may be liable for your injuries, but he or she has no means with which to compensate you.

Note that in some cases, defendants will attempt to hide their assets from the court to appear insolvent. Our attorneys have years of experience investigating personal injury cases, and we have seen every trick in the book. We can ensure that the defendant in your case does not escape justice by hiding his or her assets.

Liability and Negligence

To have a successful case, you must also prove that the defendant was (at least in part) liable for your injuries. Contrary to common belief, there are often multiple liable parties in a personal injury case. In some situations, the plaintiff may be partially liable. In these situations, the jury determines the percentage of liability each party is responsible for. For instance, imagine person A is hurt in a three-car accident involving person B and person C. The jury finds that person A is 10% liable for the accident, person B is 50% liable, and person C is 40% liable. Person A’s damages amount to $100,000. Person A would then receive $90,000 in damages — $50,000 from person B and $40,000 from person C. Person A would be liable for the last $10,000 since he or she was 10% liable for the accident. Our attorneys can help you identify all potential defendants in your case so that you can be fully compensated for your injuries.

Damages

Finally, a strong personal injury case must have damages. If you are involved in an accident caused by a solvent defendant but you are not hurt and you receive no property damage, then you do not have a lawsuit because there are no damages for which you need compensation. But damages include a wide range of injuries. For example, accident victims are commonly compensated for their medical expenses, property damage, lost wages from time spent recovering from their injuries, and lost earning capacity due to long-term or permanent damage caused by accidents. But victims can also receive compensation for the physical pain and suffering or the emotional turmoil caused by the accident.

The amount of compensation a plaintiff can ultimately receive is in the hands of the jury. The plaintiff’s attorneys will present a list of requested damages, and the defense counsel will likely argue that many of these damages are not valid. But the jury determines the total amount of damages, so you need an attorney who can speak the jury’s language and convince them that you deserve compensation for all of your injuries.

Let our Firm of Experienced Legal Professionals Help You

Our firm has been helping victims file personal injury lawsuits for twenty years. We know how to identify defendants, prove they are solvent, and convince a jury that you deserve full compensation. We have successfully investigated and litigated hundreds of personal injury lawsuits, and we know how to build a case that will cater to your specific needs. We offer free consultations in which we will thoroughly explain your options to you so that you can make the best decision for your case. In other words, our attorneys are dedicated to helping you get back on your feet as quickly as possible. So if you have been hurt in an accident, do not let the guilty party’s negligence go unpunished. Contact our Law Office today and let us make sure you receive the compensation you deserve.