How Do I Know If I Have a Viable Personal Injury Case?

Generally speaking, you may not know if you have a viable personal injury case, as damages, injuries, and a source of recovery must be present to succeed. Most individuals, if they are not attorneys, do not know how to determine if they have a case. Discussing about what happened with an experienced Erie personal injury lawyer is crucial. At Melaragno, Placidi & Parini, we can analyze your situation and tell you if you have a case, what your legal rights are, and what to expect during the legal process.

Three things are needed to prove a plaintiff has a viable personal injury case: negligence, causation, and damages. Negligence must be present in the form of legal liability or responsibility of the other side, also known as the defendant. It must be proven that the defendant did something negligent or wrong that caused a person’s serious injuries. Without liability, a case cannot proceed.

Element number two is causation, which is another way of saying it has to be proven that the defendant’s negligence caused the injuries sustained. This is a complex process, as the plaintiff may have pre-existing injuries prior to the incident. We will sort these details out and prove what specific injuries, or aggravation thereof, were caused by a negligent defendant.

Element number three refers to the specific injuries sustained in an accident caused by the defendant. Usually, a doctor testifies about the injuries, how they affect a person, and the short and long-term healing process. This also includes wage loss if the doctor instructed the plaintiff to remain off work due to the injuries. Plaintiffs are only compensated for what happened to them.

Not all cases go to trial. Many can be settled before a court date. It depends on the willingness of the other party to make a reasonable and fair offer. Or, it may depend on whether a case went to mediation and how successful it was. Or, a judge may hold a settlement conference before convening a trial. Most people do not like to go to trial. At Melaragno, Placidi & Parini, if that is what we need to do to get you fair and equitable compensation, that is what we will do.

Some indications you may have a viable personal injury claim include:

  • Injuries you sustained could have been prevented but for the negligence of another person or entity;
  • You have evidence to show there was negligence, which may include pictures, witnesses, and other documentation;
  • You went to a doctor immediately, and an official paper trail was created of the injuries, treatment, and expected outcome;
  • Your life has changed because of your injuries, and your mobility has been affected; and
  • You could not return to work and lost wages as a consequence.

When you doubt whether or not you have a personal injury case, speak to an experienced personal injury attorney at Melaragno, Placidi & Parini.

Other Personal Injury FAQs: