7 Factors a Personal Injury Attorney will Consider in Evaluating Your Accident Case in Arizona
– In today’s video, we’re talking about the seven different factors that lawyers, like us, will consider when we are evaluating your accident claim. Sometimes, it doesn’t make sense for a law firm to take your case.
Sometimes, you don’t really even have a case. But these are the things that we can consider to determine whether or not it’s gonna be a good fit, whether we’re gonna be able to help you get the treatment you need, whether we’re gonna be able to help you recover on your accident claim.
So let’s take a look at it. These are the seven different things that an attorney will consider in evaluating your case. The first one is big. It’s what is the liability in the case? Who is at fault for the accident?
If the other party is at fault, if liability is very clear, that’s gonna weigh in favor of a law firm being able to help you, being able to take your case, and do something to help you recover.
But if fault, or if liability, lies with you, it’s gonna be very difficult, very rare, for a law firm to take the case because you were at fault. It’s gonna be difficult to recover, to say that you’re entitled to damages if ultimately you were the one who was at fault for the accident.
Now, just because you were cited, just because an officer showed up to the scene and wrote you a ticket for running a red light or for an unsafe lane change or for causing the accident, doesn’t necessarily mean that you’re at fault for that. Our office, we’ve handled many many traffic cases and liability is not always clear. In many situations, the police show up after the fact.
They don’t do a thorough investigation. They don’t bring an accident re-constructionist to the scene. They do almost no analysis. And so, the determination of liability on the scene oftentimes just isn’t accurate. So just because you’ve been cited doesn’t mean that you’re liable. But this is a big factor.
Where is liability and how clear is it? The other thing that is important that attorneys will consider are the extent to which you’ve been, or people in your car have been, physically injured. So what are the physical injuries? Are they going to be permanent? Are they going to be life altering? What kind of treatment is gonna be required to get you healthy and get you restored?
If there are no physical injuries, there’s been no damage at all, that may be less worth having an attorney help you through the case. But if the injuries are extenuating or they’re very severe, they’re gonna be long lasting and highly impactful, that is definitely gonna be something that an attorney can help you with and for many different reasons: not only in coordinating medical treatment and care, but in establishing records and making a solid claim from the insurance company or from the opposing party’s insured.
The other thing we wanna consider is not just physical injuries, but what other damage is prevalent? So things like pain and suffering, things like taking time off of work, things like property damage or a diminished value claim.
So let’s say you have a nice expensive car that can be repaired, but it’s still gonna be lesser in value. It’s gonna be lower in value just because of the fact that it was involved in an accident. It diminishes the value of that.
So these are other damages that we wanna consider when we’re evaluating a person’s case. The other thing we we wanna look at is our ability to recover. So what if we have clear liability. The other party is at fault.
We have a lot of physical injuries. We have considerable damages that are involved in the case, other damages. But what if there’s nobody to recover from? What if that other person was uninsured and you don’t have under insured or uninsured motorist coverage?
Who are we gonna go after? We’re gonna have to go after that other person. What if they have no assets? So in other words, what if we have nowhere to recover from? That’s gonna be an important legal question that we need to look into.
We need to decide is it possible for us to go help you collect? If it’s not possible, if we cannot collect from anything, we can do a ton of work, come up with a proper claim, wanna take our case to a jury trial and all these things, but there’s no ability to recover.
So all of that work may be for naught. So this is a big part of the equation. Attorneys, especially our office and any reputable attorney is gonna look into that question. What is the ability to recover? Where is insurance? Insurance is there not to help people turn into millionaires.
But it’s to make you whole if you’ve been involved in an accident. We wanna make sure that there is some mechanism for ensuring you get the proper medical treatment, you get compensated for your pain, you get compensated for your time off of work.
But we need to find out where that insurance is. If it doesn’t exist, that’s gonna be a big factor and probably an indicator that a lawyer is not gonna want to take your case. Also, timing is very important. So sometimes people will sit on an accident, a case, for years and years.
Then they’ll want to file a claim. Well in Arizona, there’s what’s called a statute of limitations which means you have to bring your case prior to a certain period of time. Otherwise, you lose your right to do that.
So if a case has been sitting around for years, based on the timing, or if it’s been handled by many other attorneys, or if it’s been very kind of convoluted, that may be a factor that an attorney will not wanna consider taking your case, because it’s just so old or there’s been too many hands in the pot.
So they may not wanna consider taking it. Or legally, if it’s past the statute of limitations, there’s nothing we can do. It’s the case is just simply too old. This is a big reason why it’s important if you’ve been in an accident to contact an attorney immediately so we can start working right away.
We don’t wanna let this thing just linger. The other thing that is important is it goes to causation of the injuries. So up here, I had spoken about damages and physical injuries. We also wanna consider what else could have caused that injury or cause of that condition aside from the actual accident.
So let’s say for example, somebody had prior accidents or prior injuries or prior surgeries, now just because that has happened, it doesn’t mean that the damages here in the new case are going to be irrelevant.
That’s not the case at all. But it is important to understand that as well. So are we talking about fresh injuries on a person? Are we talking about injuries that have been stacked on top of one another?
These are all important to determining whether or not an attorney’s gonna be able to help you recover. And then finally, this is very important. We will consider taking a case if we have a good working relationship with the people who need our help.
So people will come to our office. We wanna make sure that they have an honest and open, very clear line of communication with everybody at our team. They’re not hiding anything from us. We’re not hiding anything from them.
That’s why we insist that we meet with people in our office prior to working with them on a case. We wanna make sure that this is a good fit. These cases can last months if not years. So we need to make sure that we’re gonna be having a good working relationship.
You trust us. We trust you. We’re gonna be working towards the same goal. And that goes to expectations. Sometimes, people will have minor accident cases and they’ll think that they can come in and win 10 million dollars off of a settlement. Sometimes, that’s just not the reality. Sometimes, it is. But sometimes, it’s just not.
And so, that’s why we expect you to rely on our expertise so that we can clarify what the expectations should be, what they will be, what we’re looking for as we resolve and settle this case.
Otherwise, if we’re just too far apart from one another on what those expectations should be, it’s probably not gonna be a good fit. You may wanna go find another attorney who will tell you whatever you wanna hear, and then come back to you with an unrealistic settlement; or give you ideas of an unrealistic settlement, then come back with a low number.
You won’t be happy. They’re not gonna be happy. It’s not gonna be a good working relationship. We don’t do that here at our firm. So these are the seven factors that we consider, and a lot of other reputable attorneys will consider, when determining whether or not we wanna work with you, whether you wanna work with us.
We wanna make sure that we’re gonna be able to have a mutually beneficial relationship, make sure that you get the actual treatment that you need, make sure that we’re able to compensate you for your loss, and make sure that we can get you back on your feet and back living your life as though this accident never happened and you’re fully compensated for it.
So if you have been involved in an accident, if you’re considering hiring an attorney to help you through this process, which can be a lot more complicated than people might otherwise think, give our office a call.
We offer free case evaluations.
There’s no out of pocket costs for you for us to get started working on the case.
We don’t collect a fee unless we can bring a substantial fee back for you and get you the actual compensation that you need.
There’s absolutely no obligation at all. Come into our office. We’ll sit down, review the facts of your case, make sure this will be a good fit.
We’ll get started working for you. Thanks for watching.
7 Factors a Personal Injury Attorney Will Consider in Evaluating Your Accident Case in Arizona
Why will one lawyer take your case, but another lawyer won’t? Sometimes lawyers can help and sometimes they can’t. There are certain things that lawyers consider when determining whether you have a case, if they will be able to get you the treatment you need, and if they will be able to help you recover on your accident claim.
Here is a list of seven different factors that an attorney will consider in evaluating your case:
The first thing that will be considered is who is at fault for the accident. If the other party is at fault in your claim, it is likely that a law firm will be able to take your case and help you recover.
However, if you are at fault for the accident, it will be unlikely that a law firm will take your case because there is no case to be made. It is difficult to claim that you are entitled to compensation if you were ultimately at fault for the accident.
It is important to note that just because you were cited for causing the accident, it does not necessarily mean that you were at fault for the accident. There have been many cases in which liability is not very clear. In a lot of situations, the police will show up after the fact, won’t do a thorough investigation, and little analysis is carried out. This can lead to an inaccurate determination of liability on the scene. Therefore, just because you have been cited, it does not mean that you are liable.
- Physical Injuries
Another important factor that an attorney will consider is the extent to which you and/or persons in your vehicle have been physically injured. Some factors will be whether such injuries are permanent or life altering, and what kind of treatment is going to be required to get you healthy and restored.
If you have no physical injuries or damages at all, it may not be worthwhile to have an attorney help you through the case. However, if the injuries are long-lasting and highly impactful on your life, that will be something that an attorney can help you with.
- Other Damages
There are other prevalent damages that attorneys will consider as well in evaluating your case. Things like pain and suffering, having to take time off work, and any property damage sustained will all weigh in on the attorneys’ consideration.
- Ability to Recover
If there is clear liability and considerable damages but no one to recover from, all the hard work that will go into bringing a claim forward will be for naught. For example, if you are in an accident with someone who is uninsured, and you don’t have uninsured/underinsured motorist coverage, who will the claim be brought against? The only party that a suit can be brought against is the person who caused the accident, but what if they have no assets? There will be nowhere to recover from.
If recovering damages is not possible, that is going to be a big indicator that an attorney may not take your case, as it will not be worthwhile, for you or the attorney.
Timing is an extremely important factor in evaluating a case. Sometimes people will put off filing a claim for years after an accident. In Arizona there is a Statute of Limitations, which means a claim must be brought forward within a certain window of time. If your case has been sitting too long and the Statute of Limitations has passed, there is nothing that an attorney can legally do for you.
Another timing factor that an attorney will consider is how many other attorneys have been involved already. If there have been too many hands in the pot and the case has become convoluted, that may be an indicator that an attorney will not want to take your case.
Therefore, it is extremely important to contact an attorney immediately if you have been involved in an accident. If you wait too long, your case may reach a point where an attorney cannot help you.
- Injury Causation
Another thing that attorneys will consider when evaluating your case is the causation of the injuries that you have sustained. If the injuries that you have are the result of a pre-existing condition, it may be more difficult to recover for said injuries, and it will impact your claim.
If you do have a pre-existing condition or injury from a different case, it does not necessarily preclude you from collecting on the current claim, but it will be a factor that attorneys will consider when deciding whether they will take your case.
- Honesty, Communication, and Expectations
It is extremely important to have a good, working relationship. Attorneys will want to make sure that there is an honest and open line of communication. Essentially, attorneys will want to find out if you and your case are a good fit for their firm. Accident cases can last months, and even years, so it is critical that you and your attorneys are able to have a good, trusting relationship.
You and your attorneys should be working toward the same goal, which is why setting expectations is also very important. This relates to calibrating expectations to what is realistic. Clients are counted on to rely on their attorneys’ expertise in terms of what should be expected of a case.