Do I have a case?


Do I have a case?

The answer to this question is maybe. There are many factors to consider when determining whether you have a case, and regardless of your initial thoughts you should always have a free consultation with us before coming to a conclusion.  So, here’s generally what we as attorneys think about when you call us.

 

Negligence Law?

To begin, we do primarily negligence law.  Negligence law involves people who are hurt as a result of someone else’s fault.  Think, for example, of a person who is injured after being rear-ended by another driver.  In that case, you’re sitting minding your own business when someone slams into the back of your car.  This collision was 100% that person’s fault.  In legal jargon, “fault” is called “liability”.   You can only recover money for the percentage of liability that is the other person’s fault.  In a rear-end collision, it is usually 100% the rear driver’s fault.  In other cases, however, there can be a mixture of fault between you and the other person.  An example of this may be if someone else runs a stop sign, but you were also speeding.  In that case, there may be an apportionment of liability such as 80% the other driver’s fault, 20% your fault.  If a jury were to award you $1,000, the judge would reduce it to $800 so that the other driver does not pay for the 20% that was your fault.

 

Liability

The first thing we look at is liability.  Were you hurt as a result of someone else’s carelessness?  As attorneys, we look at liability and try to determine who was at fault, and in what percentages.

 

Damages

The second factor we look at is damages.  Damages is the full amount of loss you’ve suffered, and what the money value of that damage is.  This includes economic damages which can be easily measured such as medical and household expenses (past and future), lost earnings (past and future) and noneconomic damages which includes things like pain and suffering, loss of the capacity to enjoy your life, and other similar intangible harms.

 

Causation

The third factor we look at is causation.  Causation means that the liability caused the damages.  The other side is only responsible for damages they cause, so we have to prove that the damages were caused by the negligence of the other side and not from some other cause.

This analysis may seem simple but it is far from it.  It takes a trained and experienced attorney to properly evaluate the specific facts and variables in a case.  At Cutler Rader, we have years of reviewing cases and determining  how to best recover money for our clients.

In short, we would urge you not to decide for yourself whether you have a case. Please contact us at (954) 913-CASE (2273) for a free consultation to get a proper, professional evaluation.

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