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Do You Have a Case? How to Decide Whether to Take Your Injury Case to Court

When contemplating a lawsuit, there are many issues to think about. The following are a few issues to think about before proceeding with a legal action.

Can those liable for damages be identified?

An individual, business or government department needs to be identified as the liable party. In a court of law, there must be a liable party in order to get compensation. This must go beyond who is thought to be responsible, but who can be held legally responsible.

Is the amount of compensation high enough?

Court costs can be high, and paying an attorney is always expensive. The amount of money that you will be compensated with must be well beyond the expenses involved in suing. Your time should also be included in your calculation. In the case of getting a lawyer to work on a contingency basis, this type of calculation will be done by the attorney.

Is there a police report?

A police report is a very good way to document the event that led to your injuries, and in some cases, it is essential to have this. Without this type of incident report, you may still be able to pursue a legal action with other types of evidence of the event including witnesses.

Can you document your medical expenses?

If you were seriously hurt, it is important that you went to an emergency room, so there is a clear correlation between your injuries and the incident that occurred. If there is a lot of time that has taken place since the accident until you have seen a doctor, it will be difficult to establish a connection between your medical condition and the incident that you claim led to it.

Can you document other expenses related to your injury?

Any compensation, other than medical costs, needs to be documented. This includes a loss of income. Exactly how much money was lost and how your injuries relate to the loss of income need to be explained. Certain injuries will not relate directly to a loss of income, so this type of expense must be demonstrated in court.

Ultimately, the best way to determine the strength of your case is to consult with an attorney. Most attorneys will offer a free consultation, so there is no need to let money stand in the way of getting the information you need that is specific to your circumstances. Many law firms will also work on a contingency fee. This simply means that they do not get paid until you get paid.

[Informational credit: Edward Horn & Associates, Reno Personal Injury Lawyers]

This article was written by Kandace Heller, a freelance writer from Orlando, Florida.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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