(US law) Personal injury cases come in all shapes and sizes; and, some of them are strong, but some of them are weak. Why does this difference matter?
Well, apart from the often obvious and very general advantages to what is strong over what is weak, if you have a strong personal injury case then filing a personal injury lawsuit is likely to be of great benefit and even monetary reward to you.
However, if you have a weak personal injury case, then you might not even be able to find a personal injury lawyer willing to take it and file a lawsuit on your behalf. And, in the end, you might lose your lawsuit and be stuck with expensive attorney’s fees if a personal lawyer does decide to take your personal injury case.
So, let’s take a closer look at strong and weak personal injury cases to help you decide how your personal injury case can be categorized: Strong, or weak?
Strong Personal Injury Cases
Strong personal injury cases are usually those that have a clear idea of the who, what, where, when, and why. They establish the following:
Who — Who was negligent and caused the accident that brought about the plaintiff’s injuries? This is important, because a plaintiff doesn’t have a case without a defendant.
What — What happened? Circumstantial and direct evidence need to be found in order to prove that the defendant was negligent and caused the accident, injuring the plaintiff.
Where and When — Where and when the accident happened are also important. This is for legal reasons, such as proper jurisdiction of a case and timely filing. The Statute of Limitations bars filing a lawsuit for a personal injury case that is anywhere from two to four years old in most states.
Why — Who was really at fault? If a plaintiff is also at fault, then comparative negligence, contributory negligence, and assumption of risk also come into play.
Weak Personal Injury Cases
Well, weak personal injury cases are the exact opposite. It’s hard to pin down a defendant, and it’s also hard to establish and prove whether or not his or her negligence caused your accident. In addition, if the defendant is the state or the case is just too old, then a lawsuit might have little chance of being allowed to be filed by local, state, and federal law.