Ask any personal injury lawyer and they will tell you the number one question asked of them is “Can I sue?” Coming in a close second is “Do I have a case?” Both questions miss the mark, however, as the real question that accident victims should be asking is “Do I have a case worth pursuing.”
The answer to “Can I sue?” will always be “yes.” You pretty much can sue anyone, for almost anything. The answer to “Do I have a case?” will always be “maybe.” A lawyer will only pursue a case if it makes economic sense to do so. If there is no payoff for the client (and hence a fee) at the end of the road, lawyers will not invest their time, money and effort into such a case.
Many people understand the concept of negligence. Someone or something has caused them harm; that person or thing is in the wrong and must pay. What a good many people do not understand is the concept of damages.
Damages are the injury or harm a victim suffers as a result of someone’s negligence. Damages are “compensatory” in nature. They are an attempt of make the injured party whole. Damages can be for pain and suffering, property loss, medical bills, loss of income, emotional distress and loss of enjoyment. Without some form of damage, there can be no case.
So how do lawyers determine if a case is worth pursuing? There are a number of factors that they will look at. Firstly, is there provable negligence (fault) against someone? That is the threshold question. Secondly, did that negligence cause the victim any damages (injury)? Thirdly, are the damages sufficiently high to warrant a lawyer’s involvement?
There is also one other factor that some lawyers, especially young, newly-admitted ones, tend to overlook. I call it the fourth and deciding factor. DOES THE NEGLIGENT PARTY HAVE THE MEANS TO PAY DAMAGES? It does no one any good if a negligent party causes serious injury to someone, the lawyer gets a large judgment against that negligent party… but the negligent party has no insurance, no assets, no job, no nothing!
So now you know. If you are asking a lawyer about a potential case, either by phone or online, the question to ask is, “Do I have a case worth pursuing?” This will get the lawyer’s attention and give you instant credibility as a well-informed potential client.
Mia Boyd says
March 24, 2015 at 8:51 amThanks for the information. To be honest, if I was involved in something like that, the first question I would probably ask would be, “can I sue?” I’ll make sure I don’t do that. I’ll follow your tip about asking, “do I have a case worth pursuing?” That should ensure that I make the best use of my time and money. I’ll also follow your tip about finding a good personal injury lawyer.
Johnny Shi says
May 12, 2015 at 4:36 pmI like the simple process of determining if someone has a case worth pursuing. It is easy to say it but, I am sure there is a lot of thought that goes into it. I am glad to know what questions to ask. Thanks for sharing.
Christophe Carlier says
May 29, 2015 at 10:45 amThank you for sharing these questions we should ask a personal injury attorney. Like you said, “the priority is to get medical treatment when you suffer an injury. After, you may want to meet with an attorney to discuss your legal options.” Luckily, I have never personally been involved in a serious accident where I have needed an attorney but I have a couple friends who have. One of the questions we should ask is “how much is my case potentially worth?” It is important to get as much information as you can so the law suit can go smoothly. Thanks again!
Delores Lyon says
June 10, 2015 at 12:18 pmThanks for sharing this advice. I had no idea that you could pretty much sue anyone for anything. That really makes “Can I sue?” a poor question to ask a lawyer if you think you might have a personal injury case on your hands. However, it is nice that a lawyer can let you know whether your case should be pursued like you mentioned. That way, you know that you are most likely going to get something out of legal action.
Anne Summers says
July 14, 2015 at 5:43 amYou make an interesting distinction between questions that I wouldn’t have thought of. Your points definitely make sense–some fights just aren’t worth fighting. My daughter has been looking into personal injury lawyers after a recent accident, and I’ll have to pass this advice along to her. Hopefully this will help her figure out if she really should pursue this course of action.
Natalie Darcy says
July 15, 2015 at 10:55 amA lot of really good points in this article, it makes a lot of sense to me. It’s interesting the difference between the question you suggested and the original one you were critiquing. There is a substantial difference between a case that is possible and a case that is worth it. Thank you for a clear and informative article, I understand how to talk to a lawyer much better now.
Veronica Marks says
September 18, 2015 at 2:38 pmThanks for explaining details about what damages mean in relation to a lawsuit. It definitely makes more sense now why asking “Can I sue?” is an ineffective question. I also like that you included the need to factor in a defendant’s ability to pay compensation for damages. Great article!
Jonathan Pound says
October 6, 2015 at 2:37 pmThis is a great article about personal injury law. Establishing a solid case is a better idea than just trying to see if you can make money off of a situation. It’s a good idea to understand what actually happens in court and the process that takes place so a client is really on board with the legal system and expectations.
Sam Fisher says
October 12, 2015 at 12:30 pmIf you are thinking about suing someone, it would be a good idea to get the help of a lawyer. I would assume that most people don’t know a whole lot about the legal system and how to go about suing someone properly. A lawyer is someone who would be able to help you through that process. Like you said above, you can sue anyone for anything but there might not be a case for it. It all depends on what you are suing them for. Either way, I would always want to get professional help.
Adam Bockler says
December 16, 2015 at 1:34 pmThanks for your article about what to consider for personal injury cases. I like how you talk about the importance of understanding negligence and damages. These can be important things to consider in car accidents, on the job injuries, or other cases. This will help you establish a stronger case if you decide to hire a lawyer for representation.
Violette Wise says
January 20, 2016 at 11:34 amThis is a great explanation of what a personal injury attorney’s job is and how victims should look at their situation. I think that it’s important for victims to evaluate their damages and assess whether or not it would actually be worth suing. A lawyer can definitely help you in this decision since they have a much more vast knowledge of the law.
Bob Lowe says
April 13, 2016 at 12:00 pmThanks for the information. I agree that you shouldn’t ask that kind of question. I just don’t thing suing someone is always the best thing to consider. I think an attorney can be the best person to advising you on what you should and should not do. Thanks for the info.
Greg Johnson says
May 18, 2016 at 8:01 amGood stuff! Please share us some more content like this. Its helping!
Skylar Williams says
September 23, 2016 at 6:00 pmIt makes sense that not all cases are worth pursuing. Why sue someone with no money? I guess there’s a lot of things to look at before suing someone for a car accident. My brother may need to hire a lawyer because he got some injuries due to the accident.