The Ideal Case

No case is perfect, but the ideal case has 5 things.

1.      Liability is NOT disputed.

If you were rear-ended, the person who struck the rear of your vehicle is at-fault.  Most auto collisions are caused by inattentive driving. If you were not rear-ended, there is a good chance liability could be disputed.  The officer will make an initial determination at the scene of the collision and file a police report.  However, the police report is merely the officers’ opinion and is NOT admissible in court.  The police report is considered hearsay.  The police report will influence the insurance company, because the officer is considered an impartial investigator.

If the injuries you sustained are serious enough to warrant time and money to do a thorough investigation, liability can be disputed.  In order to prove a disputed liability case, an attorney needs to speak to every witness, look at the accident scene, research current case law and potentially hire an accident reconstructionist.

2.      There was a hard hit or solid property damage.

If the damage to your vehicle is significant, it will be easier to prove to a jury that you could have been injured in a motor vehicle collision.  If there is a scratch on your bumper, a jury will have a harder time believing your injuries could have been caused by the collision especially if you have a prior injury.

In my experience, property damage is not indicative of an injury.   I have represented people whose property damage was so severe, I was surprised there wasn’t a death; and the injuries were minimal.  I’ve also represented people who had a scratch on a bumper; and needed a surgery.

3.      You are injured.

How injured are you?  Little injury or big injury?  What parts of your body were injured? Are you surgical?

If you went to the emergency room, broke a bone, or needed surgery, your injuries are significant.  If you are in a wheelchair and will never walk again, your injuries are catastrophic. In these cases, you need an attorney to help find all available sources of recovery. Attorneys will also help eliminate how much you need to reimburse your own insurance carrier.

If you have a little injury, you may have a mild sore back or a stiff neck. Most people recover in 4-6 weeks from a mild sprain/strain. On average it can take 6-8 months to heal from a moderate to severe sprain/strain. If you have not recovered from a back or neck sprain in 6-8 months, your injuries might be permanent.  Meaning, you may always have a stiff or sore back or neck.

If you are disabled, this means your injuries are so severe you can no longer work, or walk. 

4.      There is insurance.

Does the person who caused the collision have insurance? Do you have PIP (Personal Injury Protection)? Do you have health insurance to pay for your medical bills?  Do you have uninsured or underinsured motorist coverage? 

Insurance is important.  Unfortunately, when the economy is down, people often can’t afford to pay for insurance.  Even though it’s against the law to drive without insurance, paying the rent, buying food, formula or diapers becomes a priority.

An attorney can explain in more detail why insurance matters.

5.      No Priors.

You have little or no pre-existing pain or complaints to the parts of your body injured in the collision. In order to get a recovery, your attorney needs to prove your injuries were “caused” by the collision, and the treatment is “reasonable, necessary and related” to the collision.  If you have a pre-existing injury a jury will find it hard to believe you were injured in this motor vehicle collision if there was very little damage to the vehicles. However, if you had prior back pain, but your back was made worse and you are now surgical, the at-fault party is responsible for the difference. It’s very possible to prove to a jury that a person was not surgical prior to the collision, but a person is now.

                This is not a substitute for legal advice from an experienced attorney.

A competent and experienced personal injury attorney will evaluate the risk and value of your case weighing most of these factors.  The more experienced the attorney is, the more likely the attorney can predict with accuracy a range of recovery based on their personal experience level after reviewing all of your medical records.