LEGAL GUIDE
Written by attorney Thomas J Lavin | Jun 20, 2013

The Most Important Factors to Consider in Personal Injury Cases

If you are injured in any kind of accident, you may be entitled to receive monetary rewards. It is important to consult with a personal injury attorney immediately, even if you are uncertain as to whether you have a valid case. Most attorneys offer a free initial consultation, during which they evaluate all the factors relative to your case and advise you toward the best course of action.

Even with the representation of an attorney, it is important to understand the mechanics of personal injury law, so that you can make sound decisions regarding your claim.

The most important factors at play in personal injury cases are the following:

1. Fault. In order to recover monetary rewards from a personal injury claim, you must be able to prove that the defendant was at fault to some degree. While the ideal scenario is that the defendant is 100% at fault, most states will allow you to recover monetary rewards even if you were partly to blame for your accident. However, if you were 100% at fault, or if there is no way to prove that the defendant was at fault, you have no case.

2. Damages. To be entitled to monetary rewards, you must be able to prove that you suffered damages as a result of the accident. This can cover many things, including lost wages, medical bills, and costs to fix or replace damaged property.

3. Can you collect? If your case is successful, the monetary compensation you receive will come from the defendant’s money, property, or insurance. Therefore, you must make sure that the defendant has resources to draw from when evaluating the value of your case.

Remember that accident victims should not delay in seeking legal help. The more time passes after an accident, the harder it can be to gather the evidence and witness statements needed to prove that the defendant was at fault. There are also time limits for making claims. If you wait too long and the deadline passes, your claim will be lost.

If you have been injured in an accident and reside in either the New York or Florida areas, contact the Law Office of Thomas J. Lavin for a free evaluation of your case. If you cannot come to us, we will come to you. Call us today at (718) 829-7400.

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