What Makes a Good Personal Injury Case?

The personal injury Law Firm of Hill & Moin represents clients with serious injuries such as: broken or fractured bones; injuries requiring hospitalization or surgery;  scarring or disfigurement; psychological treatment and injuries requiring physical therapy or rehabilitation. If you have been seriously injured contact us for a free case evaluation.

A good personal injury lawsuit is one where the injured party establishes liability and damages.

Liability for Injury

Liability is defined as an action committed by a defendant or group of defendants that is recognized by the law as wrong. Examples of liability include driver negligence; improper maintenance of premises, sidewalks and facilities; nursing home negligence; dangerous conditions on construction sites and other unsafe conditions or acts.

Damages

Damages is a critical element in establishing a personal injury case. Most experts recommend that if no damages arise out of an accident, then a lawsuit should not be filed even if there was liability involved. Personal injury damages can be comprised of a variety of items including:

• Physical injury
• Pain and suffering
• Scarring or disfigurement
• Medical expenses
• Lost wages or loss of earning capacity
• Loss of household services
• Mental Anguish
• Wrongful death damages
• Physical impairment
• Punitive damages

In addition, most courts allow for damages that occurred in the past, before the trial, and ones that will occur in the future, after the trial takes place.

Collectability

Collectability is when the defendant must make good on their judgment. Sometimes, a plaintiff will not be able to collect on their judgment because the defendant in the case does not have enough money to pay the judgment or does not have the insurance that would normally cover a judgment.

If one or more of these items cannot be proved by your attorney, you chances of success are greatly reduced. Most lawyers will recommend not going to court or filing a lawsuit against a defendant if all three of these items are not present. If you or a loved one are involved in an accident that results in personal injury, consult an attorney immediately to determine how long you have to file a claim. Where a municipal entity is involved you may have a relatively short period of time within which to file a notice of claim, which is a pre-condition of a lawsuit.

You have the right to receive proper compensation for injuries which are sustained as the result of other people's negligence!

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For injuries that have occurred in the tri-state New York Area only.
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