Factors That Affect Your Case
The last few months our phones have been ringing non-stop. Now normally this is a good sign. A sign that people need help. And we are always willing to help, if their case has actual merit. Yet, this has not been the case with many of these calls.
Oh they usually call in a panic. They have injuries, unexpected medical bills and maybe even citations from law enforcement. And now they want to know their legal options and if they can sue. As we listen to these stories they seem to have a theme…they were injured due to a lack of common sense.
Now getting hurt due to the careless actions of someone, that’s something we can help with. But getting hurt due to actions created when common sense was ignored, that’s something most lawyers won’t accept.
You might be asking what factors are used when deciding what cases have merit and ones that don’t.
The biggest factor…facts!
If the facts presented can prove negligence or a lack of reasonable caution on the part of the person who hurt you, that is something that will help your case. But if those facts point to you creating a situation whereby injuries were sustained, that will hurt your chances of proceeding further.
Other factors that affect your case include:
1) Severity of Injuries – Did the injury result in hospitalization? Did someone die?
2) Evidence of Negligence – Can you prove negligence? Pictures? Statements? Police Report?
3) Witnesses – Can others back up your claim? Will they come forward to testify at trial?
4) Location where injuries occurred – Was the injury in Indiana or another State or Country?
A few years ago we wrote about the Bird Box challenge and all the people who after watching the Netflix movie ignored common sense and blindfolded themselves while driving their cars around. Even Netflix publicly announced, “Idiots: don’t hurt yourself doing the Bird Box challenge.”
Before that we shared about the Pokemon Go phenomenon whereby people were trying to catch them all while driving. The game doesn’t seem to adhere to common sense thinking nor does it adequately protect the player from making stupid decisions.
And it seems just about every holiday season the hottest toys lead to injuries because kids (and parents) subject those toys beyond their designed parameters. All toys regardless of color, shape, size or material should come with instructions and warnings.
If you were injured by the negligence of another, it is critical that you consult with an attorney who has extensive trial litigation experience. If your case cannot be settled, it is crucial that your attorney understand how to prepare your case for trial and how to win your case.
The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends. Call our number (219)736-9700 for assistance today.
*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.