Minneapolis Accident Lawyer

Do I have a case?

C


lients have often asked, “Do I have a good personal injury case where I can expect a good award for my accident?” The obvious answer is it depends. Every case is different but here are six conditions that rather generically can lead to a healthy award settlement for your accident lawsuit.

  1. There must be at least two parties involved.

    If you were walking on a bumpy path in the forest and you trip and break your wrist there is no one around that caused the accident.
    Contrast that with a fall down the icy steps of an apartment building. The owner of the building may be at fault for not providing a safe egress from the building.

  2. There must be a condition that constitutes an abnormal circumstance that can be determined as the cause of injury or accident.

    Using the walk in the forest, you could see from the get-go the path was bumpy. That being the normal condition, you would take it upon your self to venture carefully at your own risk.

    The apartment building steps on the other hand are expected to be clear of hazards, with out excessive cracks that protrude and without slippery spots. These conditions constitute an abnormal condition and your care to watch out for these hazards is expected to be limited.

    Like wise if you were crossing the street with the right of way on the crosswalk you should expect the laws to protect you. Yet if you were crossing in the middle of the block your expectation of the law protecting you should be limited.

  3. There must be proof that the injury was actually caused by the abnormal situation and did not already exist.

    To say you fell on the apartment steps is not as substantial as having others say so. Evidence by witnesses strengthens your case. Official evidence by an agent of the state (read police) is even more substantial.
    Further, if there is substantial evidence that your broken wrist was caused by the abnormal situation and that you did not break it an hour ago somewhere else should be noted. Photos can often help to substantiate your case.

  4. There must be a measurement as to the extent of the injury.

    If there is an injury involved it is important that it has been established as to the extent of the damage. The more damage that is evidenced the greater the reward you should expect.
    That evidence should have been recorded by a professional with the capacity to evaluate such damage (read doctor or an emergency professional).

  5. There must be a record of the event sufficient to prove the event actually occurred and to document the above 4 conditions.

    If there is an accident report, a 911 call, photographs, expert and non-expert witnesses your case stands a much better chance for a reward because it can be proved in court that all the facts stand up.

  6. The event must have happened recently enough that your rights for recovery have not expired.

    If the accident occurred a while ago, and now you are feeling the pain and want to sue, there are statutes that protect defendants from regress if excessive time has lapsed. The statute of limitations varies within different jurisdictions and with different types of cases.

This is why you should avail yourself to contact an attorney soon after an accident even if you are not experiencing a lot of pain. Sometimes the damage can get worse over time and you should at least be protected if you decided to proceed in the future with a suit.

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