You should talk to a lawyer in order to determine if you have a case.
Your lawyer is going to look at a lot of factors. It isn’t just whether or not there is negligence—and if there’s negligence, then there certainly is a claim to be pursued–but whether or not it’s worthwhile pursuing is another matter.
It has to make sense in order for the lawyer to pursue it; it’s his time too, and it has to make sense, most importantly, for the client to pursue it. And, if it doesn’t make sense, then it’s up to the lawyer to explain to the client that it’s something that he or she may want to think twice about before pursuing. Basically, what the attorney looks at, and what the client should think about, is not just whether or not there is negligence, but whether or not there are damages, and whether or not the damages are significant enough–and related to the negligent act–to make it worthwhile pursuing.
What Qualifies as a Personal Injury Case
Any incident where an individual or entity causes you harm may qualify as a personal injury case. Generally, the act causing harm should result from negligence, not intentional conduct. The reason is that intentional conduct is often not covered by insurance. Meanwhile, if it is an accident, it is unlikely to be a criminal matter and is typically covered by an insurance policy.
Examples of negligence that may then qualify as a personal injury case include:
- Motor Vehicle Accidents: Crashes caused by speeding, texting and driving, or drunk driving.
- Premises Liability: Slip and fall incidents, negligent security, or unsafe property conditions.
- Medical Negligence: Injuries from surgical errors, misdiagnosis, or failure to provide proper care.
- Workplace Accidents: Injuries caused by unsafe job sites or defective equipment.
- Product Liability: Harm from defective or dangerous consumer products.
To further qualify your case, we need sufficient evidence to prove each element of your claim. For a negligence action, we need to prove the existence of four legal duties: duty, breach, causation, and damages. Not only must we prove these elements, but we must do so with admissible evidence. Therefore, the video footage you took at the accident scene may not be admissible, depending on the relevant state laws and where you are when you take the video. If you have dash camera footage, this is easy. But what if it is a side-impact collision and you have no witnesses? Who is to say that the other driver is at fault and that you share zero of the blame? Introducing compelling evidence can be the difference maker.
Ultimately, a personal injury case requires more than just the damages. Being in pain is not enough to have a viable claim. Call our office today for a free consultation to learn about next steps at (202) 331-7227.
What Evidence Proves You Have a Case
The purpose of evidence in a personal injury case is to satisfy each element of the claim. In a negligence action, there are four key elements mentioned above. To establish a prima facie case for battery, we must prove intent, physical contact, and causation. This requires strong proof that meets the requisite burden of proof. In a personal injury matter, we must be able to prove each element by a preponderance of the evidence. This means we must be able to convince a jury it is more likely than not that our version of events is true. This is a lower burden of proof than “beyond a reasonable doubt”, which is the criminal standard. Nevertheless, we do require evidence to meet this burden. While your testimony technically qualifies as evidence, it is less compelling to a jury than is physical evidence such as photographs, video, and witness statements.
Examples of Evidence
- Photographs, Videos, and Physical Evidence: This form of evidence is the most compelling type you can introduce into your trial. In a trial, a picture is worth a thousand words that they will actually believe. Although in today’s world, with artificial intelligence doctoring photographs, we must still follow proper procedures to authenticate the evidence. Once that is complete, security or dash camera footage, photos of your car or truck, or photos of key parts of your case, such as a stop sign, can all help win your case.
- Employment Documentation: To recover economic damages, you must show financial impact. Pay stubs, tax records, employer letters, and medical bills document lost income and treatment costs.
- Medical Records: You, as a layperson, cannot testify to your injuries. Although, you can testify as to how the injuries impact your daily life.
- Accident Reports: These are generally inadmissible, but they can offer a roadmap and starting point for an investigation.
- Expert Testimony: In complex cases, experts can bridge the gap between evidence and understanding. Although, experts can be expensive.
Examples of Situations That Usually Qualify
Every personal injury case is unique. Thus, it is difficult to provide broad guidelines as to what situations usually qualify as a viable personal injury case. Here, we provide a high-level overview of the most common examples of where an injury victim can pursue a viable claim and receive substantial compensation. If you believe you fit into one of these categories, contact our office today for a free case consultation.
Motor Vehicle Accidents: Car, truck, and motorcycle collisions are among the most common personal injury cases. When a driver speeds, texts while driving, or ignores traffic signals, they breach their duty of care. If that negligence causes a crash resulting in medical bills or lost income, you likely have a claim.
Pedestrian Accidents: A pedestrian accident trial behaves much like a motor vehicle trial. The difference is that the injuries can be far more catastrophic. Unfortunately, there tends to be less coverage, as many pedestrians in urban environments are uninsured.
Slip and Fall or Unsafe Property Conditions: The viability of a slip and fall case depends largely on the evidence available. In theory, it may be clear that the defendant had notice of the defect and that the defect caused your injury. However, proving that the defendant either knew or should have known of the dangerous condition requires specific evidence that is not always available. Accordingly, you must act promptly to preserve any available evidence by taking photographs and consulting a lawyer immediately.
Medical Negligence: A medical malpractice case is extraordinarily expensive to pursue. Moreover, the law protects medical providers. This means it takes a case with catastrophic injuries such as paralysis, amputation, or death to justify the cost of litigation.
Dog Bites: The law regarding dog bite cases varies by jurisdiction. But in addition to there being liability, there must also be a source of recovery. Typically, this is through a homeowner’s insurance policy or renter’s insurance.
Scooter Accidents: A scooter accident case is typically only viable if there is a source of recovery. So, the person who hits you must have insurance, as Lime Scooters, Bird, or Spin do not offer insurance to their riders in most states.
Bicycle Accidents: Cyclists are especially vulnerable on city streets. Drivers who fail to yield in bike lanes, open doors into cyclists’ paths, or ignore traffic signals can be held liable for resulting injuries. But like the above examples, there should be available insurance.
Signs You May Have a Strong Case
Several characteristics make up a strong case. And while this list is not exhaustive, it provides you with a solid foundation for what strengthens an already viable case. However, please note that your case may exhibit several of the characteristics on this list, but it may still not be a viable case. For example, even if your case meets every single trait on this list, but the case occurred more than 15 years ago, the statute of limitations has likely run, and the case is now considered time-barred.
Below, we cover some of the most relevant signs that you may have a strong case. When these elements are present in a personal injury case, the value of your case should go up. Or, at the least, you should be able to meet the case’s true value without having to sacrifice in a settlement negotiation.
Clear Evidence of Negligence
When you do not have clear evidence of negligence, you may have to sacrifice in the negotiation phase. For example, if your case is worth $1 million, but you could lose at trial, netting you $0 because you lack evidence of negligence, you may choose to negotiate a compromised amount somewhere in between. On the other hand, if you have clear evidence of negligence, at least you have room to strive for exactly what your case is worth. Clear evidence of negligence does not, by itself, increase the value of your case. If your damages are only $25, then having clear evidence of negligence will not change that. However, clear evidence of negligence will enable you to obtain a judgment for precisely what your case is worth.
Evidence of negligence may include photographs of stop signs, broken traffic lights, yield signs, or a hole in the sidewalk. Even more persuasive is video footage of the injury. If you have this form of evidence, it will be quite challenging for the defense to dispute your allegation. Typically, the best they can hope for is to exclude the evidence altogether. Any admission of fault from the defendant can also bolster your case, enabling you to obtain a judgment for what your case is truly worth.
Significant Injuries
While clear evidence of negligence can allow you to get what your case is worth, significant injuries increase the value of your case. This is true for several reasons. To understand this, you must understand how we value cases. We value a case by looking at your medical bills, lost wages, and pain and suffering. This is the formula for most personal injury cases. Thus, if you have significant injuries, you likely have a larger hospital bill, bills from specialists, may have to miss more time from work, and certainly are in more pain than when you suffer a minor injury. This is how it should be. If you have a more significant injury, you may be unable to live your life.
You may have trouble getting to work, performing routine tasks, taking care of your children, grocery shopping, cooking, and other daily activities. In some cases, your injury may prohibit you from performing these activities at all.
Anyone who has suffered a serious injury knows how difficult it is to do routine tasks. Even putting on clothes can be immensely painful and may require assistance from a friend or family member. When this happens, your case is worth more. Of course, we must be able to prove these claims. For severe injuries, your testimony may be enough to speak on how the injury has affected your day-to-day routine. Then, for the injuries themselves, we likely will have to hire expert witnesses to discuss the permanency of your injury.
Substantial Coverage
On paper, whether there is substantial coverage does not matter in determining whether you have a strong case. But in practice, a strong case is irrelevant if there is no viable source of recovery. In some instances, such as premises liability cases, the amount of coverage available is beyond your control. There is nothing you can do to force the defendant to have a larger insurance policy or to have more assets to be liquidated in paying a judgment we win. On the other hand, when you have a high-value case, like when you suffer from bone fractures, traumatic brain injuries, or worse, and assuming liability is clear, the question switches from what the case is worth to asking the defendant what their policy limits are. Take a car accident case, for example.
In many states, the mandatory minimum limit is $30,000. That means, if the defendant has any insurance at all, it is likely to be $30,000 per person. That is the most you can receive from that defendant. Now, if you have a large policy on the car you are in, you can make an underinsured (UIM) claim, which should not affect your rates. Substantial coverage can strengthen your case when, for example, your case is worth $200,000, and the defendant’s policy limits are $250,000. When this happens, the amount you can recover is drastically higher than in the standard personal injury case that hinges on the mandatory minimum limits in the relevant jurisdiction.
Clear Causation
Causation is arguably the most difficult element of a tort to prove. In a negligence case, causation is one of the four elements that must be proven. Even in a battery case, causation is one of three elements we must prove. Under the common law, there are two parts of causation that we must prove. The first type of cause is whether the breach of duty is an actual cause or a factual cause. For example, failure to provide a fire escape is a cause of death of one who is thereby unable to flee a fire, but it is not an actual cause of death of one who suffers fatal stab wounds from an intruder. We use the “but for” test to prove actual causation. Second, we must prove that the breach is the proximate cause, or legal cause.
The general rule is that the defendant is liable for all harmful results that are the normal incidents of and within the increased risk caused by his acts. The test we use is whether the harmful result was reasonably foreseeable from the defendant’s negligent conduct. For example, it is reasonably foreseeable that the tortfeasor rear-ending your vehicle would cause harm. On the other hand, if it is not reasonably foreseeable that the breach of the duty by the defendant would cause harm, causation is unclear, and your case is not strengthened.
Financial Losses
Financial losses are an incredibly difficult thing to go through. But this is exactly why financial losses strengthen your case. A compelling case includes tangible damages such as hospital bills, therapy costs, lost wages, property damage, and reasonable Uber costs. On the legal side, the benefit to financial losses is that they are easily proven. Unlike non-economic damages, such as pain and suffering, financial losses can be shown with a receipt. If it is non-economic damage like the physical pain of recovering from a broken bone, your testimony is the best we have to describe how that affected your life. In that instance, we must rely on your credibility as a witness. In some cases, this is great and can also strengthen your case. But in other instances, the cross-examiner may have a field day.
On the other hand, it is hard to dispute a financial loss. You have a strong claim for any reasonable financial losses you suffer because of the negligent act. The question depends on whether the cost is reasonable. A clear example of an unreasonable cost would be if you go and get a Ferrari as a rental car because your Toyota Corolla is in the shop. While both are great cars, there is a clear price difference. Accordingly, the rental is unreasonable. In fact, even if your Ferrari is in the shop, you have a duty as a plaintiff to mitigate your financial losses. Thus, you probably still could not receive full reimbursement if you rent a Ferrari.
Contact our office today for help navigating financial losses after an injury.
Favorable Jurisdiction
While this should not be the case, cases have different values depending on where you file suit. For example, a pedestrian case may be worth more in Prince George’s County, Maryland, than it is in Montgomery County, Maryland. To know whether the venue available to you is favorable really requires years of practice. Our attorneys are acutely familiar with which counties in Maryland are most favorable to your case. Moreover, we understand how to secure personal jurisdiction in Maryland despite an injury occurring in a place such as Virginia or Washington, DC. For example, if the injury occurs in a jurisdiction like Washington, DC, but the tortfeasor resides in a favorable county in Maryland, we have the legal right to sue in Maryland, and the Maryland court has the right to hear the case.
When You Might Not Have a Case
Of course, the absence of one of the factors listed above can weaken your case as much as their presence can strengthen it. Nonetheless, we will not bore you by discussing the inverse of each of the above examples. Moreover, there is a limitless number of factors that can weaken or even totally destroy your case. Accordingly, we will only discuss some of the most common examples here.
Minimal or No Damage
Even in cases where there is minimal or no damage in a motor vehicle accident, we can still typically prove negligence. Our argument is that the other driver would not exchange information with you if you were not in an accident. However, a lack of property damage undermines your case because it generally means your injuries are not as severe as you may claim. When you are in a car accident and there is minimal or no property damage, it is difficult to prove that you are really hurt. Naturally, if you are in a serious truck accident, your car will be crushed. When you are in an accident while driving 60 miles per hour or more, the force exerted can be enough to be fatal.
On the other hand, if your vehicle only suffers scratches that are barely noticeable, that indicates to a jury that the vehicles involved in the accident must not have been moving very fast prior to the collision. In a personal injury case, you may recover damages for harm. Some people confuse this by saying “I could have died” or some variation thereof. However, the way a judge evaluates the case is based on what happened. Not on what could have happened or almost happened. This is because the purpose of a personal injury lawsuit is to compensate you for your damages. That is the essence of civil law. It is generally not to punish the defendant. That is what criminal law stands for.
Expired Statute of Limitations
The statute of limitations typically depends on the state’s statute of limitations. In Washington, DC, South Carolina, and Maryland, the statute of limitations for a personal injury lawsuit is three years. However, it also depends on the specific type of personal injury. For example, the statute of limitations for a sexual assault civil claim falls under an exception to the standard three years in Washington, DC. If you miss the deadline, even by one day, your claim is probably done. Unfortunately, this is generally true, regardless of how valuable your case may be. Although, in select instances, we may be able to fit your case into an exception. But due to the finality of the expiration of your case, ramifications can exist even before the statute of limitations date.
For example, if you are attempting to settle a case and the statute of limitations is approaching in a matter of weeks or months, the insurance company is less likely to make a deal. They know not to act in bad faith, but they also know not to bail you out and to force you to try your hand at trial. Furthermore, you may find it difficult to even find an attorney to represent you that close to the statute’s passing. This is because an attorney would be in jeopardy of legal malpractice to take a case that close to the deadline, then make a mistake by not having all pertinent information in the filing. Accordingly, it is best to speak to an attorney as quickly as possible after an injury occurs to avoid these pitfalls.
Contributory Negligence
Contributory negligence is only the standard in five jurisdictions in the U.S. However, for the jurisdictions where it is the rule, it can completely undermine your case. Contributory negligence is the number one most effective defense to negligence cases. However, it is not a defense to intentional torts like battery or assault. Accordingly, for personal injury cases involving negligence, it is something you should be aware of, even if on a surface level. Under the common law, a plaintiff cannot prevail in a negligence lawsuit if his negligence also contributes to his own injuries. The standard of care placed on the plaintiff is the same as for the defendant, and is that of ordinary negligence.
However, the doctrine of last clear chance, also known as “the humanitarian doctrine,” may allow a plaintiff to recover despite contributory negligence. However, this is a narrow exception. Under this rule, the person with the last clear chance to avoid an accident who fails to do so is liable for negligence. In effect, the last clear chance is the plaintiff’s rebuttal against the defense of contributory negligence. Some defendants may argue imputed contributory negligence against a passenger who was driven by a negligent driver. Courts generally hold that the passenger does not share fault just by being in the same car.
You can compare contributory negligence as a defense to comparative negligence, which is the standard in most jurisdictions across the country. The nuances vary, but in short, you may be able to recover despite being partially at fault for your injuries. However, this will ultimately depend on how much of the blame falls on you.
Preexisting Injuries Without Clear Aggravation
A preexisting injury does not kill a case. In fact, in some instances, it may even strengthen your case. To understand this, we will quickly review the eggshell plaintiff rule. Under this rule, the fact that the extent or severity of the harm was not foreseeable by the tortfeasor does not relieve the defendant of liability. In other words, the tortfeasor takes his victim as he finds him. Accordingly, when a defendant’s negligence causes an aggravation of a preexisting physical or mental illness, the defendant is liable for the damages arising from the aggravation. This means the defendant is not necessarily liable for damages that already existed. However, if the victim must now go to the doctor because an old injury is made worse, even if the tortfeasor is not responsible for the original injury, they will be liable for the new harm.
So, what if there is no clear aggravation? If you are already receiving medical care due to a preexisting injury and are involved in a truck accident, and you do not require any additional medical care, but will continue with your existing treatment, then there is no case against the new tortfeasor. Of course, if you now require additional medical care, that additional care is part of a new claim. But in practice, it can be challenging to differentiate between treatment for the old injury and for the new incident.
Steps to Take After an Injury
The following is not an exhaustive list. Every case is different, and your case will almost certainly require more steps than the ones below. However, this should provide you with a good baseline understanding of the steps to take immediately following an injury.
- Seek Medical Attention Immediately: This should always be your first priority. While the legal case and keeping your life on track are critical, nothing is more important than your health, safety, and well-being. Take care of that first. If the paramedics arrive at the injury scene, speak with them if you deem it appropriate. If you are unsure, talk to a doctor or call 911.
- Report the Incident to the Authorities: A police report can be useful, especially if you are in too much pain to gather evidence yourself. The police should speak to witnesses, gather their contact information, including full names and addresses, as well as vehicle and insurance details when applicable. They may also cite parties violating criminal statutes, such as driving without insurance.
- Attain Evidence: This is arguably the most important step yet. If your injuries allow, photograph the scene, your injuries, and any contributing hazards. Get names and contact information for witnesses. Gather as much physical evidence as possible.
- Contact an Attorney: An attorney can preserve evidence even when not attainable, identify additional coverage, and prevent you from making mistakes that could undermine your case.
How an Attorney Can Help
Personal injury cases can be complex. There are steps you can take to preserve and even strengthen the value of your case. But there are also steps you may be taking that are actively hurting your case. Sometimes, when you take these steps and then contact an attorney, it is too late. The first thing our attorneys do is conduct a thorough investigation into the facts of your case. This involves asking you questions. But it also involves gathering police reports, interviewing witnesses, preserving video footage, and examining the scene in person when appropriate. Most evidence disappears quickly. Surveillance footage is often overwritten in days. This makes fast action essential to strengthening and ultimately winning your case. We also comply with the statutes to not only keep your case alive but also strengthen it.
Moreover, with over 70 years of experience, our attorneys possess the knowledge to accurately value a case. In doing so, we can negotiate with the insurance companies, as well as litigate your case when appropriate. Insurers take claims more seriously when a lawyer is on the case. They respond more quickly and make more reasonable settlement offers. Make no mistake, the insurance company will make you a settlement offer without an attorney representing you. But it is probably a low-ball that is designed to get to you before you contact a lawyer. Then, by the time you speak to a lawyer, you have already waived your rights away.
Do not make this mistake. Allow us to fight on your behalf and negotiate a fair settlement with the insurer, or if necessary, sue the tortfeasor.
Get a Free Case Review
If you are unsure whether you have a personal injury case worth pursuing, contact our office. Our team of attorneys is on standby to answer any questions you have about your potential injury claim.
Call our office today for a free case consultation at (202) 331-7227.
