Do I Have A Good Case?
This is by far the most common question I am asked by my clients.
While this is a simple question, it does not have a simple answer. There are a host of factors that have to be considered to answer the question. In general terms, when deciding whether to take a case, there are three basic aspects I consider. They are, in no particular order, liability, damages and whether the client will make a good, credible and appealing witness.
Liability
By liability, I mean I need to be confident I can prove the other side is at fault. Not everything is cut and dry. It is very common that there are disputes over who is to blame. However, when I analyze your case, I need to believe that I can prove you were injured because of something the defendant did that was negligent.
Damages
As to damages, I consider what I believe to be the value of the case. This includes your medical bills and lost wages already incurred and those you can expect to incur in the future. I also evaluate your pain and suffering already suffered and that likely to continue. Finally, I take into account how this incident has affected your spouse (loss of consortium.)
That being said, while the above is general, there are numerous factors that go into all of the above. However, in determining what makes a good case, it is not just monetary value. While your case value might seem small to some, it is the only case you have. It is the only one you care about. You are still entitled to justice.
Good, Credible and Appealing Witness
The final factor I consider is what type of appearance you are likely to make to a claims adjuster, defense attorney or a jury. This does not mean you need to where a suit and tie every day- not even close. However, irrespective of your financial background, you need to present as a kind person. If you are not sympathetic, no one is going to be motivated to compensate you for your injuries.
In short, a good case is not necessarily the one with the biggest monetary value. Rest assured, if I take your case, it is a good case and I will do everything in my power to assist you. Your case is the most important one to you; therefore it is the most important one to me.