So is your personal injury case winnable? Well, if that question was straightforward, we at JD Haas would be out of jobs! Personal injury lawyers have complicated occupations, and whether any given case is winnable depends on the specifics of state law and the case occurrences themselves. It’s impossible to give you a straight answer in a single blog post; you’re much better off coming in for a free consultation.
However, as personal injury attorneys, we can at least give you a few basic prerequisites characteristic of all winnable cases under the “personal injury” umbrella. Read on to discover more.
What Are the Base Prerequisites of a Winnable Personal Injury Case?
The winning party in a personal injury case must be able to show:
1. The other party was responsible for an accident
2. That accident directly led to the injury of the plaintiff
3. That injury consists of physical or emotional harm, or significant financial damage
4. The compensation the plaintiff is likely to receive from winning the case is a greater amount than they would pay to pursue the case
While winning a personal injury case seems simple when it’s boiled down to four prongs, it hardly ever is. One of the greatest hurdles injury lawyers must overcome when pursuing these cases is proving the liability of the defendant—in other words, that the entity that allegedly caused harm to the lawyer’s client really did so.
How Do Personal Injury Attorneys Prove Liability of the Defendant?
Personal injury lawyers like those at JD Haas will seek evidence to prove defendant liability. This evidence can include, but is not limited to:
● Police reports of the incident, if applicable. These documents are, in most cases, considered public information and can be obtained by anyone from a local sheriff's office or city police department. However, certain types of information, such as criminal investigative data, is confidential in the state of Minnesota, according to the state department of public safety, and cannot legally be released.
● Eyewitnesses. If you, the client, know others who bore witness to the event, your injury lawyer might use their testimonies (what they saw) as evidence.
● Photos or videos of the incident. Footage, due to its relatively objective nature, is a valuable court tool that can help prove defendant liability.
● Communication with the liable party. Text messages and e-mails can provide a good indication of the mentality of the defendant towards the client, helping to prove irresponsibility in the right contexts.
Seeking a Compassionate Personal Injury Law Firm? You’ve Found One in JD Haas
Our Minneapolis team of lawyers is determined to bring you the justice you deserve. Give us a call today at 952-345-1025 to meet with one of our talented personal injury attorneys.