As personal injury lawyers, we interview many potential clients in cases involving car accidents, falls, and negligence of many kinds. But not all of these interviews result in acceptance of the case. It can be confusing to a person hurt by someone else’s fault that the fact of injury may not be enough to make a case feasible to pursue. Here are some of the factors that we consider in deciding whether we can represent an injury accident case successfully:
Can we prove that a defendant was negligent? For example, did a driver fail to keep a proper lookout at traffic ahead, a retail store leave a spill after being told about it, or a medical provider not meet a professional standard of care?
Can we prove that the defendant’s negligence was a substantial factor in bringing about the injured person’s harm?
Can we show that the defendant’s negligence resulted in a serious personal injury?
Is the defendant capable of assuming financial responsibility for the damages allowed by a jury?
Even if we can answer the above questions affirmatively, we continue to evaluate injury accident cases. Other factors are also important and can be critical. If, for example, the injured person was also negligent in some degree, the law may prevent recovery of damages entirely or reduce it significantly. If the injuries were catastrophic but one or more of the above factors are unknown, the case may warrant further investigation by an expert consultant before a decision to accept or reject it can be made.
Importantly, any attorney’s rejection of an injury accident case does not mean that there is not a valid claim, or that other lawyers may not be able or willing to pursue a claim. It means simply that a particular case does not fit within those that a particular lawyer has chosen to pursue.
Portland Injury Accident Lawyer
Our Oregon injury law firm may be able to help if you or a loved one has been hurt by the carelessness of others. Contact us toll-free at (800) 714-3204 for a free attorney consultation.