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HAVENS MALCZYNSKI GRIGOLLA, LLP

What Factors Determine The Viability Of A Personal Injury Case?


When assessing the viability of a personal injury case, the first factor we consider is the issue of fault. Based on the facts surrounding the case, we’ll evaluate whether the accident was caused by our client or the other parties involved. If there is no liability on the other party, then the insurance company will be unwilling to compensate the injured party for their damages. We also consider the nature and extent of the injuries and damages. If there is no injury, then the claim may not be viable; being in an accident in and of itself does not mean that a person has a right to receive compensation from the insurance company.

What Steps Should I Take If Have Been Injured In An Auto Accident?

If you are able to, take photos of everything at the scene of the auto accident, including the surrounding areas, the vehicles involved, and any cuts or lacerations on your body. It is crucially important to seek medical treatment as soon as possible. A doctor should evaluate you for any injuries and document all findings. This will form the foundation of a future claim and preclude the insurance company from claiming that the injuries were not a result of the accident.

Is My Medical History Important? What Information Should I Share With My Personal Injury Attorney?

Your medical history will be used for and against you in the case. In fact, one of the strongest weapons that will be used by an insurance company against you is your own medical record. Despite the advertisements from insurance companies claiming that you’re in good hands, in reality it is quite the opposite. Your medical history will also work for you in that it will serve as documentation of your injuries, show that you sought medical treatment immediately after the accident, and prove that you followed the doctor’s orders.

It is important to share with your attorney information regarding past medical issues and injuries. Most plaintiffs’ attorneys will tell you that they can deal with bad facts so long as they know about them, and this is true. California abides by the eggshell skull doctrine, which says that the defendant or at-fault party has to take the plaintiff as they find them. For example, if you are more susceptible to having back injuries because of a prior condition, then the at-fault party will be responsible for any injuries that result from that, even though you were more susceptible to begin with. Ensuring that your attorney has this information beforehand will allow your attorney to shape the claim in a way that will maximize the amount of money you are owed.

For more information on Viability Of An Auto Accident Claim In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 385-6303 today.

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