On occasion, I get a phone call that sounds something like this:
“Hey I have this great personal injury case – I have to tell you all about it.”
Or “I have clear case of slander. It’s a slam dunk!”
These cases rarely live up to the hype. Typically, the potential client knows the case has problems and, in an attempt to get representation, they try to oversell it.
But what makes a good Connecticut personal injury case? Or, on the flip side, what are the three biggest problems with a potential personal injury case?
Problem #1 – Bad Liability. Liability refers to fault. Who or what caused the accident? Did you contribute in some way the accident? Essentially, who is to blame? Some cases are referred to as clear liability cases. For example, you were driving a car, which was unexpectedly rear-ended or you were a passenger in a vehicle. Other cases, involve questionable liability such as who had the right of way at a stop sign. While questionable liability cases can be problematic, they may still be worth pursuing if there are significant damages and there is a source of payment to collect from.
If you clearly caused the accident, you will not be entitled to recovery.
2. Problem #2 – Minor Damages. Even if your case involves clear liability, it may have little value if you have not sustained any damages. Damages include economic damages such as medical bills, property loss and lost wages. It also includes non-economic damages like pain and suffering and compensation for any disability related to your injuries. In some cases, there is also potential recovery for punitive damages if a person’s conduct is considered reckless.
3. Problem #3. Lack of insurance or an identified source of payment. If there are issues with insurance coverage and no other sources of satisfying a judgment (i.e. property to attach or bank accounts to levy) are available, you may not be able to collect your money.