What Makes a Strong Personal Injury Case in California?
As leading personal injury attorneys in Orange County, California, we know how to build the type of rock-solid case you need to win your claim and secure a fair settlement. Ready to get started? Simply contact our personal injury attorney team online to schedule a free consultation today.
Everyone gets hurt from time to time—it’s just part of life. Although most injuries don’t warrant legal action, others take such a tremendous toll on a person’s life that they demand the negligent party be brought to justice. In these situations, filing a personal injury claim may be your best shot.
However, personal injury lawsuits aren’t just about holding a reckless party accountable for their actions. They’re also about making the victims whole—at least financially.
If you’ve suffered serious injuries in an accident, you know that no amount of money can reverse the trauma you’ve endured. However, a fair settlement can relieve the financial burden placed on you by that accident. A settlement can cover medical bills, the cost of therapy, lost wages, and more; it can even compensate you for intangible losses like pain and suffering.
Securing that settlement, however, is easier said than done. Many injury victims who deserve compensation never receive it because they fail to build a strong injury case. Luckily, that doesn’t have to be your outcome.
As leading personal injury attorneys in Orange County, we know exactly what it takes to build a winning injury case. When you’re ready to work toward a brighter future and secure the compensation you deserve, the team at Case Barnett Law is here to make it happen.
In the meantime, keep reading to learn about what makes a strong personal injury case in California. This article will explain the essential basics of California injury law, the key elements of a rock-solid injury case, and, just as importantly, the characteristics of a weak case.
Unsure whether or not you should file a lawsuit? Don’t let doubt ruin your chances of securing a settlement. Reach out to us online to schedule your free, no-obligation case evaluation with one of our compassionate personal injury lawyers today.
Understanding California Personal Injury Law
Before we delve into the key elements of a strong personal injury case, it’s crucial to go over the basics of personal injury law in California.
Here are some of the most important legal concepts to understand if you’re thinking about filing a personal injury lawsuit:
- Negligence. Occurs when a person acts (or fails to act) with the level of care that a reasonable person would in the same situation. When negligence results in another’s injury, the injury victim has grounds for legal action.
- Duty of care. Refers to the responsibility a person has to avoid causing harm to others. For example, a property owner has a duty of care to maintain a reasonably safe environment so that visitors do not suffer injuries.
- Breach of duty. It is the failure to fulfill a duty of care toward another person. If a person doesn’t live up to their duty of care and fails to act reasonably, they may be held liable for any injuries resulting from their breach of duty.
- Causation. This is what a plaintiff must prove in order to win a personal injury settlement. It means that the at-fault party not only breached their duty toward the plaintiff but also that the breach is what caused the plaintiff’s injury.
- Damages. It is another word for the financial compensation an injury victim seeks from the at-fault party. It is based on a wide range of losses, including economic and non-economic ones.
Once you have a cursory understanding of personal injury law, it’s much easier to build a rock-solid case. Unsure if your injury meets these standards? The best way to find out is by speaking with an experienced attorney.
What Makes for a Strong Personal Injury Case?
Don’t get us wrong: A case doesn’t have to be rock solid or foolproof in order for a plaintiff to secure a settlement. In fact, it’s important to note that the majority of settlements are actually secured outside of court.
However, the strongest cases with the most potential for financial compensation typically have these three co-existing elements: Substantial damages, clear liability and a large potential for compensation.
In the world of personal injury law, more losses typically equate to more compensation. For example, a person who suffers a serious spinal cord injury that requires extensive medical treatment, prolonged lost wages, or that results in disability will typically receive a much larger settlement than someone who only sustains a broken arm.
It doesn’t matter how extensive your injuries are: If you can’t pinpoint the liable party, you can’t sue for compensation simply because you don’t know who to sue. The most successful cases are those in which liability isn’t in doubt and isn’t shared by the plaintiff. Not sure who’s to blame for your injuries? Don’t worry—an experienced attorney can investigate your accident to help determine liability.
Large Potential for Compensation
If you suffered serious losses and can pinpoint the liable party, you can sue them—whether or not they have the money to pay you. A person’s inability to pay you does not absolve them from the harm they’ve caused. That being said, it may not make financial sense for you to sue someone with no way to pay you back.
That’s why the most successful, quickly settled cases are typically those with a large (or at least significant) potential for compensation. A skilled attorney will take into account the at-fault party’s financial situation when advising you on the next step forward.
When Is a Case Weak?
A weak personal injury claim is a case that lacks any of the above-mentioned factors. It’s one that involves little to no injury and few damages, no clear liability or an at-fault party that is unable to pay compensation. The weakest claims contain none.
Injury cases like these can be lost quickly, even with a great attorney. Of course, securing an experienced attorney in these situations is hard, especially when there is no compensation to be gained. The good news is that if a personal injury lawyer does agree to take your case on, there’s a good chance it’s at least moderately strong.
Case Barnett Law: Top-Tier Personal Injury Attorneys in Orange County
At Case Barnett Law, we know that not all injury victims who deserve justice receive it, and that doesn’t sit right with us. So here’s our promise to you: If we agree to take your case on, we’ll give all of our tenacity, dedication and expertise fighting it. But you have to take the first step.
Fortunately, we make it easy. When you’re ready to explore your legal options, contact us online or give us a call at (949) 409-0055 to schedule a free consultation with a compassionate legal expert today.