The Law Offices Of Jonathan C. Capp Esq.

What Factors Determine The Viability Of A Personal Injury Claim?


One obvious factor that determines the viability of a personal injury claim is whether or not you can establish that the other party is at fault. That’s pretty much the first investigation that anyone would make. A police report would be one of the first things you would want to obtain in order to determine whether or not the officer apportioned blame. Of course, it depends on the circumstances. If you’ve been rear-ended by another driver, then it’s highly likely that fault can be established; just the fact that they drove into the back of your car is normally proof that they were driving too close to you.

When dealing with slip and fall cases, we have to investigate the circumstances surrounding the slip and fall in order to see whether or not you’re at fault. A good example would be if you slipped and fell on a wet surface located near an area that was being cleaned, and there was no barricade around the wet area. That would be a good indication that the fault lay with the person who was cleaning the wet surface, either because they hadn’t properly checked to see that there was water on the floor, or because they hadn’t barricaded where they had just mopped up. At the other end of the spectrum would be a scenario in which you slipped and fell on the snow or ice in front of a building. A situation like that is more complicated because the building owner is obviously going to say, “Well, I didn’t have to clean that snow, you should have noticed it yourself-it’s a naturally occurring condition.” You need a thorough evaluation of the facts in order to see whether or not you have a good case, which is another reason to call an attorney who’s experienced in these matters.

How Important Are Evidence And Witnesses In A Personal Injury Claim?

Evidence and witnesses are crucial in personal injury claims. Witnesses are crucial, and it’s the evidence that decides the case. If you don’t have good evidence or good witnesses, then your case probably isn’t going to go very far. That’s why it’s important to take depositions, and that’s why the insurance company’s lawyers also like to take depositions. If you or your witnesses give a good deposition, that often prompts settlement because the other side sees how credible the witnesses are. That’s why a lot of personal injury cases only settle after depositions have been taken. Photographic, video and physical evidence are extremely beneficial to have in a case. In fact, I would say it’s better than testimony because juries often decide cases based on physical evidence. That is because nobody can fabricate objective evidence.

Do You Advise Your Clients To Keep A Journal Or Log Of Events Following An Injury?

Typically, I would advise my clients to keep any documents, photographs, videos, and medical billings that they have. However, it might not necessarily be a good idea to make notes unless you are communicating with your attorney. This is because sometimes the content that you write, email or post on Facebook becomes discoverable, and the insurance company may inaccurately interpret something that you’ve written. You have to be careful about that, because the insurance companies are going to try to spin and misinterpret everything you say. If you start posting stuff about your accident on Facebook, it might end up harming you. I always discuss this with my clients and explain the meaning of privileged communication, meaning the type of communication that occurs only between the two of us because it could end up hurting them in court.

How Critical Is Timely Medical Attention To A Personal Injury Claim?

Timely medical attention is very important to a personal injury claim. Obviously, you would hope that someone who has been injured would seek medical attention, regardless of the lawsuit. It’s important to seek the appropriate medical care at the appropriate time (which is probably going to be immediate). You don’t want to miss your doctor’s appointments, whether or not you’re suing somebody. But yes, it’s important that you follow medical advice.

For more information on Viability Of A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (760) 205-1676 today.

Jonathan C. Capp, Esq.

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