Do I Have a Personal Injury Case? What If A Lawyer Told Me I Don't Have A Case?
It’s often unwelcome news, but the reality is, not everyone who has sustained personal injury has a viable legal claim. Accidents occur. If there is not an intentional or negligent act - or in a rare case strict liability- there may be no recovery, even where there is an undisputed injury. The existence of 'viable legal calm' probably matters not at all to the typical injury victim. What does, matter, most likely, is whether or not they are entitled to monetary compensation for their injury likely matters a great deal. It's a tiered analysis. There must be a claim that can be raised- once called a cause of action. There must also be a remedy. In the context of personal injury- money damages. Aggressive personal injury and accident lawyers in Baltimore MD will endeavor to ferret out any viable, cognizable legal claim on behalf of their clients, and seek recovery if that is the clients' objective.
Just like in any other profession-opinions vary. I’ve recovered thousands of dollars in cases turned down by other lawyers.
The reasons a legitimately injured person may not have a case include:
- damages that do not justify the cost of litigation
- contribution to the cause of the accident, or
- an inability to prove liability.
But, the opinion of one lawyer on questions or proof, or opinions based on a cost analysis, may not necessarily be shared but other other lawyers. I can certainly say this. No case is perfect. Every claim has its weaknesses. I've never seen a bulletproof defense either. The best guidance I can offer is that an injured person seeking recovery sit down and discuss the facts with an experienced personal injury attorney.
- This Article was updated by Eric Kirk on 1/6/20.